The purpose of this article is to establish overlay zoning districts
wherein certain additional requirements are superimposed on the underlying
standard zoning districts set forth in Article 2 of this chapter.
Each overlay district is intended to address a special land use circumstance
beyond those addressed by the underlying zoning district. Special
requirements include mandatory protections against natural hazards,
mandatory protections of valued natural resources, and special design
guidelines. Each overlay district is intended to implement one or
more aspects of the Comprehensive Plan and to ensure compliance with
federal and state requirements.
A given property may lie within one or more overlay zoning districts
based on its geographic location. The provisions of this article are
intended to be consulted before issuance of any building permit, site
plan approval, conditional use permit, zoning permit, zoning change,
or land division to ensure the intended use meets all of the requirements
of any applicable overlay district, in addition to the underlying
standard zoning district (see Article 2). For each overlay district
established in this article, a definition of the resource or geographic
area is provided, followed by the specific purposes of the protective
regulations governing the resource or geographic location, the method
of delineating the boundaries of the overlay district, and the mandatory
development regulations.
For the purpose of this chapter, the following overlay zoning
districts are hereby established:
|
VCO
|
Village Center Design Overlay
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SWO
|
Shoreland-Wetland Overlay
|
|
FWO
|
Floodway Overlay
|
|
FFO
|
Flood-Fringe Overlay
|
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GFO
|
General Floodplain Overlay
|
|
EC
|
Environmental Conservation Overlay
|
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PDO
|
Planned Development Overlay
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Except where otherwise indicated in this article, the overlay
zoning districts are represented on the Official Overlay Zoning Map,
adopted and from time to time amended by the Village of Williams Bay.
A.
Purpose. The Village Center Design Overlay District is intended to
implement the design recommendations of the Village of Williams Bay
Comprehensive Plan by preserving and enhancing the appearance, character,
and property values of the community.
B.
Overall Village Center Design theme. The design theme for the Village
Center Design Overlay District shall be based on the Village's historic,
pedestrian-oriented development pattern in its Village center, which
incorporates a mixture of retail, service, residential, and institutional
uses. Building orientation and character shall include minimal setbacks;
one-, two-, and three-story structures; a mix of on-street and other
off-site parking; and a focus on pedestrian-scaled design.
C.
Design standards. All construction, including new structures, building
additions, building alterations, and restorations or rehabilitations,
shall meet the following design requirements. These requirements shall
apply to all land uses located within the Village Center Design Overlay
District except single-family homes.
(1)
Site design standards.
(a)
Lighting.
[1]
Appropriate lighting shall be provided at all building entries, along all walkways, and around all parking areas subject to the exterior lighting standards in § 390-0807.
[2]
Light fixtures located along all private walkways
and public sidewalks and streets shall be pedestrian-scaled, and shall
generally conform to the Village's preferred design theme for fixtures
in the Village Center, as described in its Comprehensive Plan. Building-mounted
light fixtures shall complement the building's architecture and exterior
materials.
(b)
Pedestrian and bicycle site access.
[1]
Whenever practical, paved walkways shall be installed
between public building entries, adjoining public sidewalks, any on-site
parking areas, and adjoining properties. All such walkways shall be
a minimum of five feet wide unless otherwise constrained by topography
or existing site improvements.
[2]
Protective barriers or markings shall be installed
to separate walkways from vehicular circulation and parking areas.
[3]
Bicycle parking shall be provided at the rate of
one bike rack per 1,000 square feet of gross floor area.
(c)
Vehicular site access and parking.
[1]
Shared driveways and the establishment of cross-access
easements shall be encouraged to minimize the number of access points.
[2]
In the case of double frontage lots located between
Elkhorn Road and Walworth Avenue, access to parking areas shall be
located on Walworth Avenue.
[3]
Surface parking lots, where allowed through issuance of a conditional use permit (see § 390-1207), shall only be located on the interior side or rear of buildings. In the case of double-frontage lots between Elkhorn Road and Walworth Avenue, surface parking may be oriented as shown in Figure 390-0705 to minimize the visual impact of such parking lots as viewed from Elkhorn Road.
[4]
Surface parking lot landscaping and screening. Surface parking shall be landscaped according to the provisions of § 390-0805 and the following: Parking lot screening shall be required along all public streets. In lieu of landscaping, a wall may be used, subject to the following:
[a]
The wall shall be no shorter than three feet and
no taller than four feet.
[b]
The entire wall and supporting structure/footer
shall be located on the property.
[c]
The material and design of the wall shall be consistent
with the building architecture.
[d]
The wall shall be finished on both sides.
[e]
A continuous wall face (i.e., unbroken by a driveway
or building) shall be broken up with columns, jogs, and/or landscaping
at least once every 25 feet.
[f]
In lieu of required perimeter trees, taller columns,
trellises, or similar features may be used to visually extend the
wall.
(d)
Utilities, building mechanicals, and dumpsters.
[1]
All utilities; ground-mounted, wall-mounted, and
rooftop mechanicals; and refuse containers (dumpsters) shall be fully
screened with materials matching the principal building.
[2]
Whenever possible, utilities shall be located at
the rear or interior side of a building. In the case of double-frontage
lots between Elkhorn Road and Walworth Avenue, utilities shall be
located, where possible, in an interior side yard. Where there is
no interior side yard, utilities shall be located in the yard fronting
on Walworth Avenue and completely screened with materials that match
or are complementary to the principal building.
(2)
Building design standards.
(a)
Building height. In addition to adhering to the height requirements
of Article 2 for the standard zoning district, no new or altered buildings
shall be more than one story taller or shorter than the height of
the immediately adjoining properties.
(b)
Architectural style and building materials.
[1]
High-quality exterior building materials shall
be used on all exposed sides of the building.
[2]
Building additions shall have the same style as
the existing building, or shall be complementary to the existing building.
[3]
Facades facing a public street shall have a minimum
of 40% brick coverage. Other acceptable materials include the following:
[4]
All building materials shall have a natural/earthtone
color palette. Fluorescent, day glow, and/or neon colors are prohibited.
Where such prohibited colors constitute a component of a standardized
corporate theme or identity, muted versions of such colors shall be
used.
[5]
Color combination schemes shall be limited to no
more than four different colors for all structures and appurtenances
on a site and building. Varying shades, tints, or intensities of a
color shall be considered different colors.
[6]
Color schemes shall be used consistently throughout
the site and building, including on both the upper and lower portions
of buildings, and on all exposed facades of a building or structure.
[7]
High-gloss paints, lacquers, varnishes, and other
shiny nonglazing surfaces shall be prohibited.
[8]
Use of the following materials is prohibited on
any facade visible from a public street:
[9]
Franchise architecture is prohibited.
(c)
Facade and articulation.
[1]
In the case of double-frontage lots between Elkhorn
Road and Walworth Avenue, the main facade with the primary entryway
shall be located on Elkhorn Road.
[2]
The ground floor of buildings with more than one
story shall be differentiated from upper floors by varying color,
building materials, articulation, and/or other architectural details.
[3]
Front building facades shall have a pedestrian
scale and shall incorporate the following features:
[a]
Glass doors or doors with windows and/or transom
windows.
[b]
Minimum window coverage, subject to the following
standards:
[i]
First floor facades facing a public street shall have a minimum
of 60% window coverage. In the case of double-frontage lots between
Elkhorn Road and Walworth Avenue, the first-floor facade facing Elkhorn
Road shall have a minimum 60% window coverage and the first-floor
facade facing Walworth Avenue shall have a minimum of 50% window coverage.
[ii]
Upper-story facades facing a public street shall
have a minimum of 25% window coverage. In the case of double-frontage
lots between Elkhorn Road and Walworth Avenue, the upper-story facades
facing Elkhorn Road shall have a minimum of 25% window coverage and
the upper-story facades facing Walworth Avenue shall have a minimum
of 15% window coverage.
[iii]
The use of false (spandrel glass) windows is
discouraged and shall only be allowed where the applicant can demonstrate
it is necessary to maintain privacy or security, or where the interior
layout of the building cannot accommodate a true window.
[iv]
The use of heavily tinted glass on the first floor
and reflective/mirrored glass anywhere on the building is prohibited.
[4]
All facades facing a public street shall incorporate
articulated components to create edges, shadows, and/or distinct textures.
Such components may include any of the following:
[a]
Pronounced sills and lintels.
[b]
Recessed and/or framed windows.
[c]
A doorway or articulated door frame.
[d]
A canopy or overhang.
[e]
A projection or recess deeper than three inches.
[f]
An architectural band or column composed of material
that is noticeably different than the surrounding wall material and
that is a least five inches in height or width.
[g]
A wall or projecting sign, subject to the standards
in this section and in Article 10.
[h]
An articulated cornice.
[i]
A balcony railing.
[j]
Other design elements approved by the Village that
are noticeably different than the surrounding wall and are at least
three square feet in size. If used repetitively, the combined area
of the element must comprise at least 1% of the area of the facade.
[5]
Public entryways shall be at grade with the front
walkway and/or public sidewalk in front of the building.
[6]
All public entryways shall be sheltered with an
awning or shall be recessed into the building.
[7]
Open-air hallways facing a public street are prohibited.
[8]
External stairs serving upper stories are prohibited
on any facade facing a public street.
[9]
Wall or window unit air conditioners and satellite
dishes shall not be located on any facade facing a public street.
In the case of double-frontage lots between Elkhorn Road and Walworth
Avenue, such features shall be located in an interior side yard. Where
no interior side yard exists, such features may be located on the
Walworth Avenue facade.
[10]
Flat roofs facing a public street shall have an
articulated cornice.
[11]
Any exposed gutters and downspouts shall be finished
in a manner consistent with the architectural style.
(d)
Design of signage.
[1]
Signs shall be constructed of materials consistent
with the architecture of the building.
[2]
Internally lit signage is prohibited.
[3]
Awning signs shall be discouraged.
[4]
On buildings with more than one story, wall signage
shall not be placed above the ground floor.
[5]
Window signage shall not cover more than 30% of
any ground floor window or more than 10% of any upper-story window.
[6]
Freestanding pole signs shall be prohibited. All
freestanding signs shall be monument-style signs.
[7]
Roof signs are prohibited.
D.
Project review and approval procedures. All applications for development
activity within the Village Center Design Overlay District are subject
to one of two review processes, as determined by the Zoning Administrator.
These include "renovation review" and "site and design review," both
described below.
(1)
Renovation review. Applications for projects involving only
a renovation of the exterior appearance of a structure (such as repainting;
reroofing; re-siding; or replacing with identical colors, finishes,
and materials), as determined by the Zoning Administrator, shall require
Zoning Administrator review and approval. All necessary permits must
be acquired.
(2)
Site and design review. Applications involving any change in the exterior appearance or physical configuration of a property, including painting; roofing; siding; architectural component substitution; fencing; paving; installation of signage with different colors, finishes, or materials; grading; erection of a new building; demolition of an existing building; or the addition or removal of bulk to an existing building shall be subject to site and design review in accordance with the standard procedures applicable to all site plans per § 390-1206. The Village Board shall serve as the final discretionary review body and shall focus its review of the application on compliance with sound aesthetic, land use, site design, and economic revitalization practices. In part, this effort shall be guided by the Village's Comprehensive Plan and any other applicable downtown or special area plans.
(a)
Site and design review proposals shall generally follow the procedures for site plan review (see § 390-1206).
(b)
In addition to the standard application requirements for site
plan review, applications shall be accompanied by a building permit
application and the following information:
[1]
A clear depiction of the existing appearance of
the property. Clear color photographs are recommended for this purpose.
Scaled and dimensioned drawings of existing components such as windows,
doors, railings, fencing, or other site components, and/or detailed
building elevations indicating the building's current appearance,
may be required by the Village.
[2]
A written description of the proposed project,
including a complete listing of proposed components, materials, and
colors.
[3]
A clear depiction of the proposed appearance of
the property. Paint charts, promotional brochures, and/or clear color
photographs of replacement architectural components are recommended
for this purpose. Scaled and dimensioned drawings of proposed components
such as windows, doors, railings, fencing, or other site components,
and/or detailed building elevations indicated the proposed alterations,
may be required by the Village.
[4]
Written justification for the proposed alteration
consisting of the following:
[a]
Reasons why the applicant believes the requested
alteration is in harmony with the overall purpose and intent of the
Village Center Design Overlay District; and
[b]
Reasons why the applicant believes the requested
alteration is consistent with the recommendations and forwards the
objectives of the Village's Comprehensive Plan and other applicable
Village planning documents; complements the design and layout of nearby
buildings and developments in the Village Center Design Overlay District;
and enhances, rather than detracts from, the desired character of
the Village, and the Village Center in particular.
A.
Statutory authorization. This Shoreland-Wetland Overlay Zoning District
is adopted pursuant to the authorization in §§ 62.23,
61.351, 87.30 and 281.31, Wis. Stats.
B.
Findings of fact and purpose. Uncontrolled use of the shoreland-wetlands
and pollution of the navigable waters of the Village of Williams Bay
would adversely affect the public health, safety, convenience, and
general welfare and impair the tax base. The Legislature of Wisconsin
has delegated responsibility to all municipalities to:
(1)
Promote the public health, safety, convenience and general welfare;
(2)
Maintain the storm and flood water storage capacity of wetlands;
(3)
Prevent and control water pollution by preserving wetlands that
filter or store sediments, nutrients, heavy metals or organic compounds
that would otherwise drain into navigable waters;
(4)
Protect fish, their spawning grounds, other aquatic life and
wildlife by preserving wetlands and other aquatic habitat;
(5)
Prohibit certain uses detrimental to the area regulated by this
section; and
(6)
Preserve shore cover and natural beauty by restricting the removal
of natural shoreland cover and controlling shoreland-wetland excavation,
filling and other earthmoving activities.
C.
Compliance. The use of wetlands and the alteration of wetlands within the shoreland area of the Williams Bay shall be in full compliance with the terms of this Shoreland-Wetland Overlay District and other applicable local, state or federal regulations. (However, see Subsection R for standards applicable to nonconforming uses.)
D.
Municipalities and state agencies regulated. Unless specifically
exempted by law, all cities, villages, towns, and counties are required
to comply with the provisions of this Shoreland-Wetland Overlay District
and obtain all necessary permits. State agencies are required to comply
if § 13.48(13), Wis. Stats., applies. The construction,
reconstruction, maintenance and repair of state highways and bridges
by the Wisconsin Department of Transportation are exempt when § 30.2022,
Wis. Stats., applies.
E.
Abrogation and greater restrictions.
(1)
The provisions of this Shoreland-Wetland Overlay District supersede
all the provisions of any municipal zoning code provisions enacted
under § 61.35, 62.23 or 87.30, Wis. Stats., that relate
to floodplains and shoreland-wetlands, except that where another provision
in the Village of Williams Bay Zoning Code is more restrictive than
this Shoreland-Wetland Overlay District, that provision shall continue
in full force and effect to the extent of the greater restrictions,
but not otherwise.
(2)
This Shoreland-Wetland Overlay District is not intended to repeal,
abrogate, or impair any existing deed restrictions, covenants or easements.
However, where this Shoreland-Wetland Overlay District imposes greater
restrictions, the provisions of this overlay district shall prevail.
F.
Interpretation. In their interpretation and application, the provisions
of this Shoreland-Wetland Overlay District shall be held to be minimum
requirements and shall be liberally construed in favor of the municipality
and shall not be deemed a limitation or repeal of any other powers
granted by the Wisconsin Statutes. Where a provision of this overlay
district is required by a standard in Ch. NR 117, Wis. Adm. Code,
and where such provision is unclear, the provision shall be interpreted
in light of the Chapter NR 117 standards in effect on the date of
the adoption of the Shoreland-Wetland Overlay District provisions
or in effect on the date of the most recent text amendment to this
Shoreland-Wetland Overlay District section of this chapter.
G.
Severability. Should any portion of this Shoreland-Wetland Overlay
District be declared invalid or unconstitutional by a court of competent
jurisdiction, the remainder of this overlay district shall not be
affected.
H.
Annexed areas. The county shoreland zoning provisions in effect on
the date of annexation remain in effect administered by the Village
of Williams Bay for all areas annexed by the Village of Williams Bay
after May 7, 1982, unless any of the changes as allowed by § 59.692(7)(a)(1)
to (3), Wis. Stats., occur.[1] These annexed lands are described on the Village of Williams
Bay's Official Zoning Map. The county shoreland zoning provisions
are incorporated by reference for the purpose of administering this
section and are on file in the office of the Village of Williams Bay
Clerk.
[1]
Editor's Note: Section 59.692(7), Wis. Stats., was repealed
by 2013 Act 80.
I.
The following maps are hereby adopted and made part of this section
and are on file in the office of the Village of Williams Bay Clerk:
(1)
Wisconsin Wetland Inventory maps stamped "Final" in November
1, 2007.
(2)
Flood Boundary and Floodway Map, Village of Williams Bay, Walworth
County, Wisconsin, dated May 15, 1984.
(3)
United States Geological Survey map (Walworth County, Wisconsin,
topographic map) dated 1986.
(4)
Village of Williams Bay Official Zoning Map dated February 20,
2012.
J.
Areas regulated.
(1)
The Shoreland-Wetland Overlay Zoning District includes all wetlands
in the municipality that are five acres or more and are shown on the
final Wetland Inventory Map that has been adopted and made a part
of this section and that are:
(a)
Within 1,000 feet of the ordinary high-water mark of navigable
lakes, ponds or flowages. Lakes, ponds or flowages in the municipality
shall be presumed to be navigable if they are shown on the United
States Geological Survey quadrangle maps or other zoning base maps
that have been incorporated by reference and made a part of this section.
(b)
Within 300 feet of the ordinary high-water mark of navigable
rivers or streams, or to the landward side of the floodplain, whichever
distance is greater. Rivers and streams shall be presumed to be navigable
if they are designated as either continuous or intermittent waterways
on the United States Geological Survey quadrangle maps or other zoning
base maps that have been incorporated by reference and made a part
of this section. Floodplain Zoning Maps adopted in § 390-0707D(2)
shall be used to determine the extent of floodplain areas.
(2)
The Shoreland-Wetland Overlay Zoning District also includes
additional lowland areas and semi-lowland areas that may or may not
fit within the technical definition of a wetland but that have been
selected by the Village Board for protection.
K.
Determinations of navigability and ordinary high-water mark location
shall initially be made by the Zoning Administrator. When questions
arise, the Zoning Administrator shall contact the appropriate district
office of the Department of Natural Resources for a final determination
of navigability or ordinary high-water mark.
L.
When an apparent discrepancy exists between the Shoreland-Wetland Overlay District boundary shown on the Official Zoning Map and actual field conditions at the time the Official Zoning Map was adopted, the Zoning Administrator shall contact the appropriate district office of the Department of Natural Resources to determine if the Shoreland-Wetland Overlay District boundary, as mapped, is in error. If Department of Natural Resources staff concur with the Zoning Administrator that a particular area was incorrectly mapped as a wetland, the Zoning Administrator shall have the authority to immediately grant or deny a zoning permit in accordance with the regulations applicable to the correct underlying base zoning district. In order to correct wetland mapping errors or acknowledge exempted wetlands designated in Subsections M and N, the Zoning Administrator shall be responsible for initiating a map amendment within a reasonable period.
M.
Filled wetlands. Wetlands that are filled prior to the date on which
the municipality received final wetland inventory maps, in a manner
that affects their wetland characteristics to the extent that the
area can no longer be defined as wetland, are not subject to the provisions
of this Shoreland-Wetland Overlay District.
N.
Wetlands landward of a bulkhead line. Wetlands located between the
original ordinary high-water mark and a bulkhead line established
prior to May 7, 1982, under § 30.11, Wis. Stats. are not
subject to the provisions of this Shoreland-Wetland Overlay District.
O.
Permitted uses. The following uses are permitted subject to the provisions
of Chs. 30 and 31, Wis. Stats., and the provisions of other local,
state and federal laws, if applicable:
(1)
Activities and uses that do not require the issuance of a zoning
permit, provided that no wetland alteration occurs, including:
(a)
Hiking, fishing, trapping, hunting, swimming, snowmobiling,
and boating.
(b)
The harvesting of wild crops, such as marsh hay, ferns, moss,
wild rice, berries, tree fruits and tree seeds, in a manner that is
not injurious to the natural reproduction of such crops.
(c)
The practice of silviculture, including the planting, thinning,
and harvesting of timber.
(d)
The pasturing of livestock.
(e)
The cultivations of agricultural crops.
(f)
The construction and maintenance of duck blinds.
(2)
Uses that do not require the issuance of a zoning permit and
that may involve wetland alterations only to the extent specifically
provided below:
(a)
The practice of silviculture, including limited temporary water
level stabilization measures that are necessary to alleviate abnormally
wet or dry conditions that would have an adverse impact on the conduct
of silvicultural activities if not corrected;
(b)
The cultivation of cranberries, including limited wetland alterations
necessary for the purpose of growing and harvesting cranberries;
(c)
The maintenance and repair of existing drainage systems to restore
preexisting levels of drainage, including the minimum amount of filling
necessary to dispose of dredged spoil, provided that the filling is
otherwise permissible and that dredged spoil is placed on existing
spoil banks where possible;
(d)
The construction and maintenance of fences for the pasturing
of livestock, including limited excavating and filling necessary for
such construction or maintenance;
(e)
The construction and maintenance of piers, docks, walkways,
observation decks and trail bridges built on pilings, including limited
excavating and filling necessary for such construction or maintenance;
(f)
The installation and maintenance of sealed tiles for the purpose of draining lands outside the Shoreland-Wetland Overlay District, provided that such installation or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the shoreland-wetland listed in Subsection T(2); and
(g)
The maintenance, repair, replacement, and reconstruction of
existing highways and bridges, including limited excavating and filling
necessary for such maintenance, repair, replacement or reconstruction.
P.
Conditional uses. The following uses are allowed only upon the issuance
of a conditional use permit and may include wetland alterations only
to the extent specifically provided below:
(1)
The construction and maintenance of roads that are necessary for the continuity of the municipal street system, the provision of essential utility and emergency services or to provide access to uses permitted under Subsection O, provided that:
(a)
The road cannot, as a practical matter, be located outside the
wetland;
(b)
The road is designed and constructed to minimize adverse impacts upon the natural functions of the wetland listed in Subsection T(2);
(c)
The road is designed and constructed with the minimum cross-sectional
area practical to serve the intended use;
(d)
Road construction activities are carried out in the immediate
area of the roadbed only; and
(e)
Any wetland alteration must be necessary for the construction
or maintenance of the road.
(2)
The construction and maintenance of nonresidential buildings,
provided that:
(a)
The building is used solely in conjunction with a use permitted
in the Shoreland-Wetland Overlay District or for the raising of waterfowl,
minnows or other wetland or aquatic animals;
(b)
The building cannot, as a practical matter, be located outside
the wetland;
(c)
The building does not exceed 500 square feet in floor area;
and
(d)
Only limited filling and excavating necessary to provide structural
support for the building is allowed.
(3)
The establishment and development of public and private parks
and recreation areas, outdoor education areas, historic, natural and
scientific areas, game refuges and closed areas, fish and wildlife
habitat improvement projects, game bird and animal farms, wildlife
preserves and public boat-launching ramps, provided that:
(a)
Any private development allowed under this subsection shall
be used exclusively for the permitted purpose;
(b)
Only limited filling and excavating necessary for the construction
of park shelters or similar structures is allowed;
(c)
The construction and maintenance of roads necessary for the uses permitted under this subsection are allowed only where such construction and maintenance meets the criteria in Subsection P(1);
(d)
Wetland alterations in game refuges and closed areas, fish and
wildlife habitat improvement projects, game bird and animal farms
and wildlife preserves shall be for the purpose of improving wildlife
habitat or to otherwise enhance wetland values; and
(e)
The use of a boathouse for human habitation and the construction
or placement of a boathouse below the ordinary high-water mark of
any navigable waters is prohibited.
(4)
The construction and maintenance of electric and telephone transmission
lines, water and gas distribution lines and sewage collection lines
and related facilities, and the construction and maintenance of railroad
lines, provided that:
Q.
R.
Nonconforming structures and uses. The lawful use of a building,
structure, or property that existed at the time these Shoreland-Wetland
Overlay District provisions, or an applicable amendment to these provisions,
took effect and that is not in conformity with the provisions of the
Shoreland-Wetland Overlay District, including the routine maintenance
of such a building or structure, may be continued, subject to the
following conditions:
(1)
The Shoreland-Wetland Overlay District provisions of this section
authorized by § 61.351, Wis. Stats., shall not limit the
repair, reconstruction, renovation, remodeling, or expansion of a
nonconforming structure in existence on the effective date of the
Shoreland-Wetland Overlay District provisions, or of any environmental
control facility in existence on May 7, 1982, related to such a structure.
All other modifications to nonconforming structures are subject to
§ 62.23(7)(h), Wis. Stats., which limits total lifetime
structural repairs and alterations to 50% of current fair market value.
(2)
If a nonconforming use or the use of a nonconforming structure
is discontinued for 12 consecutive months, any future use of the building,
structure, or property shall conform to the provisions of this Shoreland-Wetland
Overlay District.
(3)
Any legal nonconforming use of property that does not involve
the use of a structure and that existed at the time of the adoption
or subsequent amendment of these Shoreland-Wetland Overlay District
provisions may be continued although such use does not conform with
the provisions of this Shoreland-Wetland Overlay District. However,
such nonconforming use may not be extended.
(4)
The maintenance and repair of nonconforming boathouses that
are located below the ordinary high-water mark of any navigable waters
shall comply with the requirements of § 30.121, Wis. Stats.
(5)
Uses that are nuisances under common law shall not be permitted
to continue as nonconforming uses.
S.
Administrative provisions.
(1)
Zoning Administrator.
(a)
The Village of Williams Bay Zoning Administrator is responsible
for administering and enforcing this Shoreland-Wetland Overlay zoning
ordinance.
(b)
The Zoning Administrator shall have the following duties and
powers:
[1]
Advise applicants as to the provisions of this
section and assist them in preparing permit applications and appeal
forms.
[2]
Issue permits and certificates of compliance and
inspect properties for compliance with this section.
[3]
Keep records of all permits issued, inspections
made, work approved and other official actions.
[4]
Have access to any structure or premises between
the hours of 8:00 a.m. and 6:00 p.m. for the purpose of performing
these duties.
[5]
Submit copies of decisions on variances, conditional
use permits, appeals for a map or text interpretation, and map or
text amendments within 10 days after they are granted or denied, to
the appropriate district office of the Department of Natural Resources
in accordance with Article 12.
[6]
Investigate and report violations of this section
to the Plan Commission and the district attorney, corporation counsel
or municipal attorney.
(2)
Zoning permits.
(a)
When required. Unless another subsection of these Shoreland-Wetland Overlay District provisions specifically exempts certain types of development from this requirement, a zoning permit shall be obtained from the Zoning Administrator before any new development, as defined in Subsection V, or any change in the use of an existing building or structure is initiated.
(b)
Application. An application for a zoning permit shall be made
to the Zoning Administrator upon forms furnished by the municipality
and shall include, for the purpose of proper enforcement of these
regulations, the following information:
[1]
General information.
[2]
Site development plan. The site development plan
shall be submitted as a part of the permit application and shall contain
the following information drawn to scale:
[a]
Dimensions and area of the lot;
[b]
Location of any structures with distances measured
from the lot lines and center line of all abutting streets or highways;
[c]
Description of any existing or proposed on-site
sewage systems or private water supply systems;
[d]
Location of the ordinary high-water mark of any
abutting navigable waterways;
[e]
Boundaries of all wetlands;
[f]
Existing and proposed topographic and drainage
features and vegetative cover;
[g]
Location of floodplain and floodway limits on the
property as determined from floodplain Zoning Maps;
[h]
Location of existing or future access roads; and
[i]
Specifications and dimensions for areas of proposed
wetland alteration.
(c)
Expiration. All permits issued under the authority of this section
shall expire six months from the date of issuance.
(3)
Certificates of compliance.
(a)
Except where no zoning permit or conditional use permit is required,
no land shall be occupied or used, and no building that is hereafter
constructed, altered, added to, modified, rebuilt or replaced shall
be occupied, until a certificate of compliance is issued by the Zoning
Administrator, subject to the following provisions:
[1]
The certificate of compliance shall show that the
building or premises or part thereof, and the proposed use thereof,
conform to the provisions of this section.
[2]
Application for such certificate shall be concurrent
with the application for a zoning or conditional use permit.
[3]
The certificate of compliance shall be issued within
10 days after notification of the completion of the work specified
in the zoning or conditional use permit, providing the building or
premises and proposed use thereof conform to all the provisions of
this section.
(b)
The Zoning Administrator may issue a temporary certificate of
compliance for a building, premises or part thereof pursuant to rules
and regulations established by the Village Board.
(c)
Upon written request from the owner, the Zoning Administrator
shall issue a certificate of compliance for any building or premises
existing at the time of adoption of this section, certifying, after
inspection, the extent and type of use made of the building or premises
and whether or not such use conforms to the provisions of this section.
(4)
Conditional use permits. See § 390-1207 of this chapter for regulations and procedures applicable to land uses or structures requiring a conditional use permit.
(6)
Recording. Where a zoning permit or conditional use permit is
approved, an appropriate record shall be made by the Zoning Administrator
of the land use and structures permitted.
(7)
Revocation. Where the conditions of a zoning permit or conditional
use permit are violated, the permit shall be revoked by the Board
of Appeals.
(8)
Board of Appeals. See § 390-1105.
(a)
Public hearings in front of the Board of Appeals. A copy of
public hearing notices for issues involving Shoreland-Wetland Overlay
Zoning shall be mailed to the appropriate district office of the Department
of Natural Resources at least 10 days prior to the public hearing.
(b)
Decisions of the Board of Appeals. A copy of the final decision
regarding an appeal before the Board of Appeals shall be mailed to
the appropriate district office of the Department of Natural Resources
within 10 days after the decision is issued.
T.
Amendments. The Village Board may alter, supplement, or change the
overlay district boundaries and the regulations contained in this
section in accordance with the requirements of § 62.23(7)(d)2,
Wis. Stats., Ch. NR 117, Wis. Adm. Code, and the following:
(1)
All proposed text and map amendments to the Shoreland-Wetland Overlay District regulations shall first be referred to the Conservation District Commission for review and recommendation per § 390-0708. Following Conservation District Commission review and recommendation, all proposed text and map amendments shall be referred to the Village of Williams Bay Plan Commission and a public hearing shall be held after a Class 2 notice as required by § 62.23(7)(d)2, Wis. Stats.
(a)
For all text amendments to the Shoreland-Wetland Overlay regulations,
the appropriate district office of the Department of Natural Resources
shall be provided with a copy of the proposed text amendment within
five days of the submission of the proposed amendment to the Village
of Williams Bay Plan Commission, and written notice of the public
hearing at least 10 days prior to such hearing.
(b)
For map amendments that apply in whole or in part to areas that fall into either of the two categories listed in § 390-0706J(1) above, the appropriate district office of the Department of Natural Resources shall be provided with a copy of the proposed text amendment within five days of the submission of the proposed amendment to the Village of Williams Bay Plan Commission, and written notice of the public hearing at least 10 days prior to such hearing.
(2)
In order to ensure that the provisions of the Shoreland-Wetland
Overlay District remain consistent with the shoreland protection objectives
of § 281.31, Wis. Stats., the Village of Williams Bay may
not rezone a wetland in the Shoreland-Wetland Overlay District, or
any portion thereof, where the proposed rezoning may result in a significant
adverse impact upon any of the following wetland functions:
(a)
Storm and floodwater storage capacity;
(b)
Maintenance of dry season stream flow or the discharge of groundwater
to a wetland, the recharge of groundwater from a wetland to another
area or the flow of groundwater through a wetland;
(c)
Filtering or storage of sediments, nutrients, heavy metals,
or organic compounds that would otherwise drain into navigable waters;
(d)
Shoreline protection against erosion;
(e)
Fish spawning, breeding, nursery or feeding grounds;
(f)
Wildlife habitat; or
(g)
Areas of special recreational, scenic, or scientific interest,
including scarce wetland types and habitat of endangered species.
(3)
Where the district office of the Department of Natural Resources determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in Subsection T(2), the Department of Natural Resources shall so notify the municipality of its determination either prior to or during the public hearing held on the proposed amendment.
(4)
For all text amendments to the Shoreland-Wetland Overlay District regulations and any map amendments that apply in whole or in part to areas that fall into either of the two categories listed in § 390-0706J(1) above, the appropriate district office of the Department of Natural Resources shall be provided with the following:
(a)
A copy of the recommendation and report, if any, of the Village
of Williams Bay Plan Commission on the proposed amendment within 10
days after the submission of those recommendations to the Village
Board.
(b)
Written notice of the action on the proposed amendment within
10 days after the action is taken.
(5)
If the Department of Natural Resources notifies the Village of Williams Bay Plan Commission in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in Subsection T(2), that proposed amendment, if approved by the Village of Williams Bay, shall not become effective until more than 30 days have elapsed since written notice of the Village's approval was mailed to the Department of Natural Resources, as required by Subsection T(4)(b). If within the thirty-day period the Department of Natural Resources notifies the Village of Williams Bay that the Department of Natural Resources intends to adopt a superseding shoreland-wetland zoning ordinance for the Village as provided by § 61.351(6), Wis. Stats., the proposed amendment shall not become effective until the ordinance adoption procedure under § 61.351(6), Wis. Stats., is completed or otherwise terminated.
(6)
Vote required before changes permitted. A 3/4 vote of the Plan
Commission in favor of the proposed change and a 3/4 vote of all the
members of the Village Board in favor of the proposed change shall
be required before any changes may be made to either the text of this
section or SWO Overlay District as shown on the Official Zoning Map.
U.
Enforcement and penalties. Any development, building, or structure, or accessory building or structure, constructed, altered, added to, modified, rebuilt, or replaced or any use or accessory use established after the effective date of this section in violation of the provisions of this section, by any person, firm, association, or corporation (including building contractors or their agents), shall be deemed a violation. The Zoning Administrator shall refer violations to the Plan Commission and the Village Attorney, who shall prosecute such violations. Any person, firm, association, or corporation who violates any of the provisions of this section shall be subject to a forfeiture consistent with § 390-1218. Each day of continued violation shall constitute a separate offense. Every violation of this section is a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to § 87.30(2), Wis. Stats.
V.
Definitions.
(1)
For the purpose of administering and enforcing the provisions of this Shoreland-Wetland Overlay District, the terms or words used herein shall be interpreted as follows: words used in the present tense include the future; words in the singular number include the plural number; and words in the plural number include the singular number. The word "shall" is mandatory, not permissive. All distances, unless otherwise specified, shall be measured horizontally. Where the same or similar term is defined differently in § 390-0114 of this chapter, or in any other section of this chapter, than in this § 390-0706, the definition provided in this section shall apply to all Shoreland-Wetland Overlay District provisions and the definition provided in § 390-0114 shall apply to all other sections of this chapter.
(2)
ACCESSORY STRUCTURE OR USE
BOATHOUSE
CLASS 2 PUBLIC NOTICE
CONDITIONAL USE
DEVELOPMENT
DRAINAGE SYSTEM
ENVIRONMENTAL CONTROL FACILITY
FIXED HOUSEBOAT
NAVIGABLE WATERS
(a)
(b)
ORDINARY HIGH-WATER MARK
SHORELANDS
WETLAND ALTERATION
WETLANDS
As used in this section, the following terms shall have the
meanings indicated:
A detached subordinate structure or a use that is clearly
incidental to, and customarily found in connection with, the principal
structure or use to which it is related and which is located on the
same lot as that of the principal structure or use.
A permanent structure used for the storage of watercraft
and associated materials and includes all structures that are totally
enclosed, have roofs or walls, or any combination of structural parts.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Publication of a public hearing notice under Ch. 985, Wis.
Stats., in a newspaper of circulation in the affected area. Publication
is required on two consecutive weeks, the last at least seven days
prior to the hearing.
A use that is allowed by the Shoreland-Wetland Overlay District
provisions, provided that certain conditions specified in this section
are met and that a permit is granted by the Village Board.
Any man-made change to improved or unimproved real estate,
including, but not limited to, the construction of buildings, structures
or accessory structures; the construction of additions or substantial
alterations to buildings, structures, or accessory structures; the
placement of buildings or structures; ditching, lagooning, dredging,
filling, grading, paving, excavation, or drilling operations; and
the deposition or extraction of earthen materials.
One or more artificial ditches, tile drains, or similar devices
that collect surface runoff or groundwater and convey it to a point
of discharge.
Any facility, temporary or permanent, that is reasonably
expected to abate, reduce, or aid in the prevention, measurement,
control, or monitoring of noise, air, or water pollutants, solid waste
and thermal pollution, radiation, or other pollutants, including facilities
installed principally to supplement or to replace existing property
or equipment not meeting or allegedly not meeting acceptable pollution
control standards or that are to be supplemented or replaced by other
pollution control facilities.
As defined in § 30.01(1r), Wis. Stats., means a
structure not actually used for navigation that extends beyond the
ordinary high-water mark of a navigable waterway and is retained in
place either by cables to the shoreline or by anchors or spud poles
attached to the bed of the waterway.
Lake Superior, Lake Michigan, all natural inland lakes within
Wisconsin, and all streams, ponds, sloughs, flowages, and other waters
within the territorial limits of this state, including the Wisconsin
portion of the boundary waters, which are navigable under the laws
of this state. Under § 281.31(2m), Wis. Stats., notwithstanding
any other provision of law or administrative rule promulgated thereunder,
shoreland ordinances required under § 61.351, Wis. Stats.,
and Ch. NR 117, Wis. Adm. Code, do not apply to lands adjacent to
farm drainage ditches if any of the following apply:
Wisconsin's Supreme Court has declared navigable bodies of water
that have a bed differentiated from adjacent uplands and levels or
flow sufficient to support navigation by a recreational craft of the
shallowest draft on an annually recurring basis [Muench v. Public
Service Commission, 261 Wis. 492 (1952) and DeGaynor and Co., Inc.,
v. Department of Natural Resources, 70 Wis. 2d 936 (1975)]. For example,
a stream that is navigable by skiff or canoe during normal spring
high water is navigable, in fact, under the laws of this state though
it may be dry during other seasons.
The point on the bank or shore up to which the presence and
action of surface water is so continuous as to leave a distinctive
mark such as by erosion, destruction or prevention of terrestrial
vegetation, predominance of aquatic vegetation, or other easily recognized
characteristic.
Lands within the following distances from the ordinary high-water
mark of navigable waters: 1,000 feet from a lake, pond or flowage
and 300 feet from a river or stream or to the landward side of the
floodplain, whichever distance is greater.
Any filling, flooding, draining, dredging, ditching, tiling,
excavating, temporary water level stabilization measures, or dike
and dam construction in a wetland area.
Those areas where water is at, near, or above the land surface
long enough to support aquatic or hydrophytic vegetation and that
have soils indicative of wet conditions.
[Amended 3-16-2022 by Ord. No. 2022-02]
A.
Statutory authorization. This section is adopted pursuant to the
authorization in §§ 61.35 and 62.23, Wis. Stats., for
villages and cities, and the requirements in § 87.30, Wis.
Stats.
B.
Finding of fact. Uncontrolled development and use of the floodplains
and rivers of this municipality would impair the public health, safety,
convenience, general welfare and tax base.
C.
Statement of purpose. This section is intended to regulate floodplain
development to:
(1)
Protect life, health and property;
(2)
Minimize expenditures of public funds for flood control projects;
(3)
Minimize rescue and relief efforts undertaken at the expense
of the taxpayers;
(4)
Minimize business interruptions and other economic disruptions;
(5)
Minimize damage to public facilities in the floodplain;
(6)
Minimize the occurrence of future flood blight areas in the
floodplain;
(7)
Discourage the victimization of unwary land and homebuyers;
(8)
Prevent increases in flood heights that could increase flood
damage and result in conflicts between property owners; and
(9)
Discourage development in a floodplain if there is any practicable
alternative to locate the activity, use or structure outside of the
floodplain.
D.
Title. This section shall be known as the "Floodplain Zoning Ordinance
for the Village of Williams Bay, Wisconsin."
E.
General provisions.
(1)
Areas to be regulated. This section regulates all areas of special
flood hazard identified as Zones A, AO, AH, A1-30, and AE on the Flood
Insurance Rate Map. Additional areas identified on maps approved by
the Department of Natural Resources (DNR) and local community may
also be regulated under the provisions of this section, where applicable.
(2)
Official maps and revisions. Special flood hazard areas (SFHA) are designated as Zones A, A1-30, AE, AH, and AO on the Flood Insurance Rate Maps (FIRMs) based on flood hazard analyses summarized in the Flood Insurance Study (FIS) listed in Subsection E(2)(a) below. Additional flood hazard areas subject to regulation under this section are identified on maps based on studies approved by the DNR and listed in Subsection E(2)(b) below. These maps and revisions are on file in the office of the Village Clerk, Village of Williams Bay, WI.
F.
Establishment of floodplain zoning districts. The flood hazard areas
regulated by this section are divided into districts as follows:
(1)
The Floodway Overlay District (FWO) is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters, within AE Zones as shown on the FIRM, or within A Zones shown on the FIRM when determined according to Subsection S(5).
(2)
The Flood Fringe Overlay District (FFO) is that portion of a riverine special flood hazard area outside the floodway within AE Zones on the FIRM, or, when floodway limits have been determined according to Subsection S(5), within A Zones shown on the FIRM.
(3)
The General Floodplain Overlay District (GFO) is those riverine
areas that may be covered by floodwater during the regional flood
in which a floodway boundary has not been delineated on the FIRM and
also includes shallow flooding areas identified as AH and AO Zones
on the FIRM.
(4)
The Flood Storage Overlay District (FSO) is that area of the
floodplain where storage of floodwaters is calculated to reduce the
regional flood discharge.
G.
Locating floodplain boundaries. Discrepancies between the exterior boundaries of Zones A1-30, AE, AH, or A on the official floodplain zoning map and actual field conditions may be resolved using the criteria in Subsection G(1) or (2) below. If a significant difference exists, the map shall be amended according to Subsection W, Amendments. The Zoning Administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The Zoning Administrator shall be responsible for documenting actual pre-development field conditions and the basis upon which the district boundary was determined. Disputes between the Zoning Administrator and an applicant over the district boundary line shall be settled according to Subsection V(6) and the criteria in Subsection G(1) and (2) below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to Subsection W, Amendments.
(1)
If flood profiles exist, the map scale and the profile elevations
shall determine the district boundary. The regional or base flood
elevations shall govern if there are any discrepancies.
(2)
Where flood profiles do not exist for projects, including any
boundary of Zone A or AO, the location of the boundary shall be determined
by the map scale.
H.
Removal of lands from floodplain.
(1)
Compliance with the provisions of this section shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to Subsection W, Amendments.
(2)
The delineation of any of the floodplain districts may be revised
by the community where natural or man-made changes have occurred and/or
where more detailed studies have been conducted. However, prior to
any such change, approval must be obtained from the Wisconsin Department
of Natural Resources and Federal Emergency Management Agency. A completed
letter of map revision is a record of this approval. The Floodplain
Administrator shall not sign a community acknowledgment form unless
all criteria set forth in the following subsections are met:
(3)
Removal of lands from the floodplain may also occur by operation
of § 87.30(1)(e), Wis. Stats., if a property owner has obtained
a letter of map amendment from the Federal Emergency Management Agency
under 44 CFR 70.
I.
Compliance.
(1)
No structure or use within areas regulated by this section shall
hereafter be located, erected, constructed, reconstructed, repaired,
extended, converted, enlarged, or altered without full compliance
with the terms of this section and all other applicable regulations
that apply to uses within the jurisdiction of this section.
(2)
Failure to obtain a floodplain development permit shall be a violation of this section and shall be punishable in accordance with Subsection X.
(3)
Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications, or amendments thereto if approved by the Floodplain Administrator. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of this section and punishable in accordance with Subsection X.
J.
Municipalities and state agencies regulated. Unless specifically
exempted by law, all cities, villages, towns, and counties are required
to comply with this section and obtain all necessary permits. State
agencies are required to comply if § 13.48(13), Wis. Stats.,
applies. The construction, reconstruction, maintenance and repair
of state highways and bridges by the Wisconsin Department of Transportation
is exempt when § 30.2022, Wis. Stats., applies. Although
exempt from a local zoning permit and permit fees, the DOT must provide
sufficient project documentation and analysis to ensure that the community
is in compliance with federal, state, and local floodplain standards.
K.
Abrogation and greater restrictions.
(1)
This section supersedes all the provisions of any municipal
zoning ordinance enacted under § 61.35, Wis. Stats., for
villages; or § 87.30, Wis. Stats., which relate to floodplains.
A more restrictive ordinance shall continue in full force and effect
to the extent of the greater restrictions, but not otherwise.
(2)
This section is not intended to repeal, abrogate or impair any
existing deed restrictions, covenants or easements. If this section
imposes greater restrictions, the provisions of this section shall
prevail.
L.
Interpretation. In their interpretation and application, the provisions
of this section are the minimum requirements liberally construed in
favor of the governing body and are not a limitation on or repeal
of any other powers granted by the Wisconsin Statutes. If a provision
of this section, required by Ch. NR 116, Wis. Adm. Code, is unclear,
the provision shall be interpreted in light of the standards in effect
on the date of the adoption of this section or in effect on the date
of the most recent text amendment to this section.
M.
Warning and disclaimer of liability. The flood protection standards
in this section are based on engineering experience and research.
Larger floods may occur, or the flood height may be increased by man-made
or natural causes. This section does not imply or guarantee that non-floodplain
areas or permitted floodplain uses will be free from flooding and
flood damages. This section does not create liability on the part
of, or a cause of action against, the municipality or any officer
or employee thereof for any flood damage that may result from reliance
on this section.
N.
Severability. Should any portion of this section be declared unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this section shall not be affected.
O.
Annexed areas. The Walworth County floodplain zoning provisions in
effect on the date of annexation shall remain in effect and shall
be enforced by the Village of Williams Bay for all annexed areas until
the Village adopts and enforces an ordinance which meets the requirements
of Ch. NR 116, Wis. Adm. Code, and 44 CFR 59-72, National Flood Insurance
Program (NFIP). These annexed lands are described on the Village's
Official Zoning Map. County floodplain zoning provisions are incorporated
by reference for the purpose of administering this section and are
on file in the office of the Village Zoning Administrator. All plats
or maps of annexation shall show the regional flood elevation and
the floodway location.
P.
General standards applicable to all floodplain districts. The community
shall review all permit applications to determine whether proposed
building sites will be reasonably safe from flooding and assure that
all necessary permits have been received from those governmental agencies
whose approval is required by federal or state law.
(1)
If a proposed building site is in a flood-prone area, all new
construction and substantial improvements shall:
(a)
Be designed and anchored to prevent flotation, collapse, or
lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy;
(b)
Be constructed with flood-resistant materials;
(c)
Be constructed by methods and practices that minimize flood
damages; and
(d)
Be constructed with electrical, heating, ventilation, plumbing,
and air conditioning equipment and other service facilities that are
designed and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
(2)
If a subdivision or other proposed new development is in a flood-prone
area, the community shall assure that:
(a)
Such proposed subdivision or other proposed new development
is consistent with the need to minimize flood damage within the flood-prone
area;
(b)
Public utilities and facilities, such as sewer, gas, electrical,
and water systems, are located and constructed to minimize or eliminate
flood damage; and
(c)
Adequate drainage is provided to reduce exposure to flood hazards.
(4)
Watercourse alterations. No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified, in writing, all adjacent municipalities, the Department and FEMA regional offices, and required the applicant to secure all necessary state and federal permits. The standards of Subsection P(3) must be met and the flood carrying capacity of any altered or relocated watercourse shall be maintained. As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation and pursuant to Subsection W, Amendments, the community shall apply for a letter of map revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process.
(5)
Chapters 30 and 31, Wis. Stats., development. Development which requires a permit from the Department, under Chs. 30 and 31, Wis. Stats., such as docks, piers, wharves, bridges, culverts, dams and navigational aids, may be allowed if the necessary permits are obtained and amendments to the Floodplain Zoning Ordinance are made according to Subsection W, Amendments.
(6)
Public or private campgrounds. Public or private campgrounds
shall have a low flood damage potential and shall meet the following
provisions:
(a)
The campground is approved by the Department of Agriculture,
Trade and Consumer Protection;
(b)
A land use permit for the campground is issued by the Zoning
Administrator;
(c)
The character of the river system and the campground elevation
are such that a seventy-two-hour warning of an impending flood can
be given to all campground occupants;
(d)
There is an adequate flood warning procedure for the campground
that offers the minimum notice required under this section to all
persons in the campground. This procedure shall include a written
agreement between the campground owner, the municipal emergency government
coordinator and the chief law enforcement official which specifies
the flood elevation at which evacuation shall occur, personnel responsible
for monitoring flood elevations, types of warning systems to be used
and the procedures for notifying at-risk parties, and the methods
and personnel responsible for conducting the evacuation;
(e)
This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and updated, by the officials identified in Subsection P(6)(d), to remain in compliance with all applicable regulations, including those of the State Department of Agriculture, Trade and Consumer Protection and all other applicable regulations;
(f)
All mobile recreational vehicles placed on the site must meet
one of the following:
[1]
Only camping units that are fully licensed, if
required, and ready for highway use are allowed; or
[2]
The camping units shall not occupy any site in
the campground for more than 180 consecutive days, at which time the
camping unit must be removed from the floodplain for a minimum of
24 hours.
[3]
A mobile recreational vehicle is ready for highway
use if it is on its wheels or jacking system, is attached to the site
only by quick-disconnect utilities and security devices and has no
permanently attached additions.
(g)
All camping units that remain on site for more than 30 days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit consistent with Subsection P(6)(f) and shall ensure compliance with all the provisions of this section;
(h)
The Village shall monitor the limited authorizations issued
by the campground operator to assure compliance with the terms of
this section;
(j)
The campground shall have signs clearly posted at all entrances
warning of the flood hazard and the procedures for evacuation when
a flood warning is issued; and
(k)
All service facilities, including but not limited to refuse
collection, electrical service, gas lines, propane tanks, sewage systems
and wells, shall be properly anchored and placed at or floodproofed
to the flood protection elevation.
Q.
Floodway Overlay District (FWO).
(1)
Applicability. This subsection applies to all floodway areas on the floodplain zoning maps and those identified pursuant to Subsection S(5).
(2)
Permitted uses. The following open space uses are allowed in the Floodway District and the floodway areas of the General Floodplain District if i) they are not prohibited by any other ordinance; ii) they meet the standards in Subsection Q(3) and (4); and iii) all permits or certificates have been issued according to Subsection V(1).
(a)
Agricultural uses, such as farming, outdoor plant nurseries,
horticulture, viticulture and wild crop harvesting.
(b)
Nonstructural industrial and commercial uses, such as loading
areas, parking areas and airport landing strips.
(c)
Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of Subsection Q(3)(d).
(f)
Functionally water-dependent uses, such as docks, piers or wharves,
dams, flowage areas, culverts, navigational aids and river crossings
of transmission lines, and pipelines that comply with Chs. 30 and
31, Wis. Stats.
(h)
Portable latrines that are removed prior to flooding and systems
associated with recreational areas and Department-approved campgrounds
that meet the applicable provisions of local ordinances and Ch. SPS
383, Wis. Adm. Code.
(i)
Public or private wells used to obtain potable water for recreational
areas that meet the requirements of local ordinances and Chs. NR 811
and NR 812, Wis. Adm. Code.
(j)
Wastewater treatment ponds or facilities permitted under § NR
110.15(3)(b), Wis. Adm. Code.
(k)
Sanitary sewer or water supply lines to service existing or
proposed development located outside the floodway that complies with
the regulations for the floodplain area occupied.
(3)
Standards for developments in the floodway.
(a)
General.
[3]
Any encroachment in the regulatory floodway is prohibited unless the data submitted for Subsection Q(3)(a)[2] above demonstrates that the encroachment will cause no increase in flood elevations in flood events up to the base flood at any location or removes the encroached area from the regulatory floodway as provided in Subsection H.
(b)
Structures. Structures accessory to permanent open space uses,
including utility and sanitary facilities, or functionally dependent
on a waterfront location may be allowed by permit if the structures
comply with the following criteria:
[1]
Not designed for human habitation, does not have
a high flood damage potential and is constructed to minimize flood
damage;
[2]
Shall either have the lowest floor elevated to
or above the flood protection elevation or shall meet all the following
standards:
[a]
Have the lowest floor elevated to or above the
regional flood elevation and be dry floodproofed so that the structure
is watertight with walls substantially impermeable to the passage
of water and completely dry to the flood protection elevation without
human intervention during flooding;
[b]
Have structural components capable of meeting all provisions of Subsection Q(3)(b)[7]; and
[c]
Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with Subsection Q(3)(b)[7].
[3]
Must be anchored to resist flotation, collapse,
and lateral movement;
[4]
Mechanical and utility equipment must be elevated
to or above the flood protection elevation; and
[5]
Must not obstruct flow of floodwaters or cause
any increase in flood levels during the occurrence of the regional
flood.
[6]
For a structure designed to allow the automatic entry of floodwaters below the regional flood elevation, the applicant shall submit a plan that meets Subsection Q(3)(b)[1] through [5] and meets or exceeds the following standards:
[a]
The lowest floor must be elevated to or above the
regional flood elevation;
[b]
A minimum of two openings having a total net area
of not less than one square inch for every square foot of enclosed
area subject to flooding;
[c]
The bottom of all openings shall be no higher than
one foot above the lowest adjacent grade; openings may be equipped
with screens, louvers, valves, or other coverings or devices, provided
that they permit the automatic entry and exit of floodwaters, and
otherwise must remain open.
[d]
The use must be limited to parking, building access
or limited storage.
[7]
Certification. Whenever floodproofing measures
are required, a registered professional engineer or architect shall
certify that the following floodproofing measures will be utilized,
where appropriate, and are adequate to withstand the flood depths,
pressures, velocities, impact and uplift forces and other factors
associated with the regional flood:
[a]
Reinforcement of floors and walls to resist rupture,
collapse, or lateral movement caused by water pressures or debris
buildup;
[c]
Subsurface drainage systems to relieve external
pressures on foundation walls and basement floors;
[d]
Cutoff valves on sewer lines or the elimination
of gravity flow basement drains; and
[e]
Placement of utilities to or above the flood protection
elevation.
(d)
Fills or deposition of materials. Fills or deposition of materials
may be allowed by permit, if:
[2]
No material is deposited in navigable waters unless
a permit is issued by the Department pursuant to Ch. 30, Wis. Stats.,
and a permit pursuant to Section 404 of the Federal Water Pollution
Control Act, Amendments of 1972, 33 U.S.C. § 1344, has been
issued, if applicable, and all other requirements have been met;
[3]
The fill or other materials will be protected against
erosion by riprap, vegetative cover, sheet piling or bulkheading;
and
[4]
The fill is not classified as a solid or hazardous
material.
(4)
Prohibited uses. All uses not listed as permitted uses in Subsection Q(2) are prohibited, including the following uses:
(a)
Habitable structures, structures with high flood damage potential,
or those not associated with permanent open-space uses;
(b)
Storing materials that are buoyant, flammable, explosive, injurious
to property, water quality, or human, animal, plant, fish or other
aquatic life;
(c)
Uses not in harmony with or detrimental to uses permitted in
the adjoining districts;
(d)
Any private or public sewage systems, except portable latrines
that are removed prior to flooding and systems associated with recreational
areas and Department-approved campgrounds that meet the applicable
provisions of local ordinances and Ch. SPS 383, Wis. Adm. Code;
(e)
Any public or private wells which are used to obtain potable
water, except those for recreational areas that meet the requirements
of local ordinances and Chs. NR 811 and NR 812, Wis. Adm. Code;
(f)
Any solid or hazardous waste disposal sites;
(g)
Any wastewater treatment ponds or facilities, except those permitted
under § NR 110.15(3)(b), Wis. Adm. Code; and
(h)
Any sanitary sewer or water supply lines, except those to service
existing or proposed development located outside the floodway which
complies with the regulations for the floodplain area occupied.
R.
Flood Fringe Overlay District (FFO).
(1)
Applicability. This subsection applies to all flood fringe areas shown on the floodplain zoning maps and those identified pursuant to Subsection S(5).
(3)
Standards for development in the flood fringe. Subsection P shall apply in addition to the following requirements according to the use requested. Any existing structure in the flood fringe must meet the requirements of Subsection U, Nonconforming uses.
(a)
Residential uses. Any structure, including a manufactured home, which is to be newly constructed or moved into the flood fringe shall meet or exceed the following standards. Any existing structure in the flood fringe must meet the requirements of Subsection U, Nonconforming uses:
[1]
All new construction, including placement of manufactured homes, and substantial improvement of residential structures, shall have the lowest floor elevated to or above the flood protection elevation on fill. The fill around the structure shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure. No area may be removed from the Flood Fringe District unless it can be shown to meet Subsection H.
[2]
Notwithstanding Subsection R(3)(a)[1], a basement or crawlspace floor may be placed at the regional flood elevation if the basement or crawlspace is designed to make all portions of the structure below the flood protection elevation watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. No floor of any kind is allowed below the regional flood elevation.
[3]
Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in Subsection R(3)(a)[4].
[4]
In developments where existing street or sewer line elevations make compliance with Subsection R(3)(a)[3] impractical, the municipality may permit new development and substantial improvements where roads are below the regional flood elevation, if:
[a]
The municipality has written assurance from police,
fire and emergency services that rescue and relief will be provided
to the structure(s) by wheeled vehicles during a regional flood event;
or
[b]
The municipality has a DNR-approved emergency evacuation
plan that follows acceptable hazard mitigation planning guidelines.
(b)
Accessory structures or uses. In addition to Subsection P, new construction and substantial improvements of accessory structures shall be constructed on fill with the lowest floor at or above the regional flood elevation.
(c)
Commercial uses. In addition to Subsection P, any commercial structure which is erected, altered or moved into the flood fringe shall meet the requirements of Subsection R(3)(a). Subject to the requirements of Subsection R(3)(e), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
(d)
Manufacturing and industrial uses. In addition to Subsection P, any manufacturing or industrial structure which is erected, altered or moved into the flood fringe shall have the lowest floor elevated to or above the flood protection elevation or meet the floodproofing standards in Subsection V(8). Subject to the requirements of Subsection R(3)(e), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
(e)
Storage of materials. Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with Subsection V(8). Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.
(f)
Public utilities, streets and bridges. All utilities, streets
and bridges shall be designed to be compatible with comprehensive
floodplain development plans; and
[1]
When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction or repair of such facilities shall only be permitted if they are designed to comply with Subsection V(8).
[2]
Minor roads or nonessential utilities may be constructed
at lower elevations if they are designed to withstand flood forces
to the regional flood elevation.
(g)
Sewage systems. All sewage disposal systems shall be designed to minimize or eliminate infiltration of floodwater into the system, pursuant to Subsection V(8)(c), to the flood protection elevation and meet the provisions of all local ordinances and Ch. SPS 383, Wis. Adm. Code.
(h)
Wells. All wells shall be designed to minimize or eliminate infiltration of floodwaters into the system, pursuant to Subsection V(8)(c), to the flood protection elevation and shall meet the provisions of Chs. NR 811 and NR 812, Wis. Adm. Code.
(i)
Solid waste disposal sites. Disposal of solid or hazardous waste
is prohibited in flood fringe areas.
(j)
Deposition of materials. Any deposited material must meet all
the provisions of this section.
(k)
Manufactured homes.
(l)
Mobile recreational vehicles. All mobile recreational vehicles
must be on site for less than 180 consecutive days and be either:
[1]
Fully licensed and ready for highway use; or
[2]
Shall meet the elevation and anchoring requirements in Subsection R(3)(k)[2] and [3].
[3]
A mobile recreational vehicle is ready for highway
use if it is on its wheels or jacking system, is attached to the site
only by quick-disconnect utilities and security devices and has no
permanently attached additions.
S.
General Floodplain Overlay District (GFO).
(1)
Applicability. The provisions for the General Floodplain District shall apply to development in all floodplains mapped as A, AO, AH, and in AE Zones within which a floodway is not delineated on the Flood Insurance Rate Maps identified in Subsection E(2)(a).
(2)
Floodway boundaries. For proposed development in Zone A, or in Zone AE within which a floodway is not delineated on the Flood Insurance Rate Map identified in Subsection E(2)(a), the boundaries of the regulatory floodway shall be determined pursuant to Subsection S(5). If the development is proposed to encroach upon the regulatory floodway, the development is subject to the standards of Subsection Q. If the development is located entirely within the flood fringe, the development is subject to the standards of Subsection R.
(3)
Permitted uses. Pursuant to Subsection S(5), it shall be determined whether the proposed use is located within the floodway or flood fringe. Those uses permitted in the Floodway [Subsection Q(2)] and Flood Fringe [Subsection R(2)] Districts are allowed within the General Floodplain District, according to the standards of Subsection S(4), provided that all permits or certificates required under Subsection V(1) have been issued.
(4)
Standards for development in the General Floodplain Overlay District. Subsection Q applies to floodway areas, pursuant to Subsection S; Subsection R applies to flood fringe areas, pursuant to Subsection S(5).
(a)
New construction and substantial improvement of structures in
Zone AO shall have the lowest floor, including basement, elevated:
(b)
New construction and substantial improvement of structures in
Zone AH shall have the lowest floor, including basement, elevated
to or above the flood protection elevation.
(c)
In AO/AH Zones, provide adequate drainage paths to guide floodwaters
around structures.
(5)
Determining floodway and flood fringe limits. Upon receiving
an application for development within Zone A, or within Zone AE where
a floodway has not been delineated on the Flood Insurance Rate Maps,
the Zoning Administrator shall:
(a)
Require the applicant to submit two copies of an aerial photograph
or a plan which shows the proposed development with respect to the
general floodplain district limits, stream channel, and existing floodplain
developments, along with a legal description of the property, fill
limits and elevations, building floor elevations and floodproofing
measures; and the flood zone as shown on the FIRM.
(b)
Require the applicant to furnish any of the following information
deemed necessary by the Department to evaluate the effects of the
proposal upon flood height and flood flows, regional flood elevation
and to determine floodway boundaries.
[2]
Plan (surface view) showing elevations or contours
of the ground; pertinent structure, fill or storage elevations; size,
location and layout of all proposed and existing structures on the
site; location and elevations of streets, water supply, and sanitary
facilities; soil types and other pertinent information.
[3]
Specifications for building construction and materials,
floodproofing, filling, dredging, channel improvement, storage, water
supply and sanitary facilities.
T.
Flood Storage Overlay District. The Flood Storage Overlay District
delineates that portion of the floodplain where storage of floodwaters
has been taken into account and is relied upon to reduce the regional
flood discharge. The district protects the flood storage areas and
assures that any development in the storage areas will not decrease
the effective flood storage capacity which would cause higher flood
elevations.
(1)
Applicability. The provisions of this subsection apply to all
areas within the Flood Storage District (FSD), as shown on the official
floodplain zoning maps.
(2)
Permitted uses. Any use or development which occurs in a Flood Storage District must meet the applicable requirements in Subsection R(3).
(3)
Standards for development in Flood Storage Overlay Districts.
(a)
Development in a Flood Storage Overlay District shall not cause
an increase equal or greater than 0.00 of a foot in the height of
the regional flood.
(b)
No development shall be allowed which removes flood storage
volume unless an equal volume of storage as defined by the pre-development
ground surface and the regional flood elevation shall be provided
in the immediate area of the proposed development to compensate for
the volume of storage which is lost (compensatory storage). Excavation
below the groundwater table is not considered to provide an equal
volume of storage.
(c)
If compensatory storage cannot be provided, the area may not be developed unless the entire area zoned as Flood Storage Overlay District, on this waterway, is rezoned to the Flood Fringe Overlay District. This must include a revision to the floodplain study and map done for the waterway to revert to the higher regional flood discharge calculated without floodplain storage, as per Subsection W, Amendments, of this section.
(d)
No area may be removed from the Flood Storage Overlay District
unless it can be shown that the area has been filled to the flood
protection elevation and is contiguous to other lands lying outside
of the floodplain.
U.
Nonconforming uses.
(1)
General.
(a)
Applicability.
[1]
The standards in this subsection shall apply to
all uses and buildings that do not conform to the provisions contained
within a floodplain zoning ordinance or with § 87.30, Wis.
Stats., and §§ NR 116.12-14, Wis. Adm. Code, and 44
CFR 59-72. These standards shall apply to all modifications or additions
to any nonconforming use or structure and to the use of any structure
or premises which was lawful before the passage of this section or
any amendment thereto. A party asserting existence of a lawfully established
nonconforming use or structure has the burden of proving that the
use or structure was compliant with the floodplain zoning ordinance
in effect at the time the use or structure was created.
[2]
As permit applications are received for additions,
modifications, or substantial improvements to nonconforming buildings
in the floodplain, municipalities shall develop a list of those nonconforming
buildings, their present equalized assessed value and a list of the
costs of those activities associated with changes to those buildings.
(b)
The existing lawful use of a structure or its accessory use
which is not in conformity with the provisions of this section may
continue subject to the following conditions:
[1]
No modifications or additions to a nonconforming
use or structure shall be permitted unless they comply with this section.
The words "modification" and "addition" include, but are not limited
to, any alteration, addition, modification, structural repair, rebuilding
or replacement of any such existing use, structure or accessory structure
or use. Maintenance is not considered a modification; this includes
painting, decorating, paneling and other nonstructural components
and the maintenance, repair or replacement of existing private sewage
or water supply systems or connections to public utilities. Any costs
associated with the repair of a damaged structure are not considered
maintenance. The construction of a deck that does not exceed 200 square
feet and that is adjacent to the exterior wall of a principal structure
is not an extension, modification or addition. The roof of the structure
may extend over a portion of the deck in order to provide safe ingress
and egress to the principal structure.
[2]
If a nonconforming use or the use of a nonconforming
structure is discontinued for 12 consecutive months, it is no longer
permitted and any future use of the property, and any structure or
building thereon, shall conform to the applicable requirements of
this section.
[3]
The municipality shall keep a record which lists
all nonconforming uses and nonconforming structures, their present
equalized assessed value, the cost of all modifications or additions
which have been permitted, and the percentage of the structure's total
current value those modifications represent.
[4]
No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this section. Contiguous dry land access must be provided for residential and commercial uses in compliance with Subsection R(3)(a). The costs of elevating the lowest floor of a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50% provisions of this subsection.
[5]
No maintenance on a per-event basis to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this section. Contiguous dry land access must be provided for residential and commercial uses in compliance with Subsection R(3)(a). Maintenance to any nonconforming structure, which does not exceed 50% of its present equalized assessed value on a per-event basis, does not count against the cumulative calculations over the life of the structure for substantial improvement calculations.
[6]
If on a per-event basis the total value of the work being done under Subsection U(1)(b)[4] and [5] equals or exceeds 50% of the present equalized assessed value, the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this section. Contiguous dryland access must be provided for residential and commercial uses in compliance with Subsection R(3)(a).
[7]
Except as provided in Subsection U(1)(b)[8], if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the current section requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition equals or exceeds 50% of the structure's present equalized assessed value.
[8]
For nonconforming buildings that are substantially
damaged or destroyed by a nonflood disaster, the repair or reconstruction
of any such nonconforming building shall be permitted in order to
restore it to the size and use in effect prior to the damage event,
provided that the following minimum requirements are met and all required
permits have been granted prior to the start of construction:
[a]
Residential structures:
[i]
Shall have the lowest floor, including basement, elevated to or above the flood protection elevation using fill, pilings, columns, posts or perimeter walls. Perimeter walls must meet the requirements of Subsection V(8)(b).
[ii]
Shall be anchored to prevent flotation, collapse,
or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy, and shall be
constructed with methods and materials resistant to flood damage.
[iii]
Shall be constructed with electrical, heating,
ventilation, plumbing and air conditioning equipment and other service
facilities that are designed and/or elevated so as to prevent water
from entering or accumulating within the components during conditions
of flooding.
[iv]
In A Zones, obtain, review and utilize any flood
data available from a federal, state or other source.
[v]
In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in Subsection S(4).
[vi]
In AO Zones, shall have adequate drainage paths
around structures on slopes to guide floodwaters around and away from
the structure.
(c)
A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued designation as an historic structure, the alteration will comply with Subsection Q(3)(a), flood-resistant materials are used, and construction practices and floodproofing methods that comply with Subsection V(8) are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of Subsection U(1)(b)[8][a] if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and is the minimum necessary to preserve the historic character and design of the structure.
(2)
Floodway Overlay District.
(a)
No modification or addition shall be allowed to any nonconforming
structure or any structure with a nonconforming use in the Floodway
Overlay District, unless such modification or addition:
[1]
Has been granted a permit or variance which meets
all ordinance requirements;
[3]
Shall not increase the obstruction to flood flows
or regional flood height;
[4]
Any addition to the existing structure shall be floodproofed, pursuant to Subsection V(8), by means other than the use of fill, to the flood protection elevation; and
[5]
If any part of the foundation below the flood protection
elevation is enclosed, the following standards shall apply:
[a]
The enclosed area shall be designed by a registered
architect or engineer to allow for the efficient entry and exit of
floodwaters without human intervention. A minimum of two openings
must be provided with a minimum net area of at least one square inch
for every one square foot of the enclosed area. The lowest part of
the opening can be no more than 12 inches above the adjacent grade;
[b]
The parts of the foundation located below the flood
protection elevation must be constructed of flood-resistant materials;
[c]
Mechanical and utility equipment must be elevated
or floodproofed to or above the flood protection elevation; and
[d]
The use must be limited to parking, building access
or limited storage.
(b)
No new on-site sewage disposal system, or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the applicable requirements of all municipal ordinances, Subsection V(8)(c) and Ch. SPS 383, Wis. Adm. Code.
(c)
No new well or modification to an existing well used to obtain potable water shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing well in the Floodway District shall meet the applicable requirements of all municipal ordinances, Subsection V(8)(c) and Chs. NR 811 and NR 812, Wis. Adm. Code.
(3)
Flood Fringe Overlay District.
(a)
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality and meets the requirements of Subsection R(3) except where Subsection U(3)(b) is applicable.
(b)
Where compliance with the provisions of Subsection U(3)(a) would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Board of Zoning Appeals, using the procedures established in Subsection V(6), may grant a variance from those provisions of Subsection U(3)(a) for modifications or additions using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if:
[1]
No floor is allowed below the regional flood elevation
for residential or commercial structures;
[2]
Human lives are not endangered;
[3]
Public facilities, such as water or sewer, shall
not be installed;
[4]
Flood depths shall not exceed two feet;
[5]
Flood velocities shall not exceed two feet per
second; and
V.
Administration. Where a Zoning Administrator, Plan Commission or
Zoning Board of Appeals has already been appointed to administer a
zoning ordinance adopted under § 59.69, 59.692 or 62.23(7),
Wis. Stats., these officials shall also administer this section.
(1)
Zoning Administrator. The Zoning Administrator is authorized
to administer this section and shall have the following duties and
powers:
(a)
Advise applicants of the section provisions, assist in preparing
permit applications and appeals, and assure that the regional flood
elevation for the proposed development is shown on all permit applications.
(b)
Issue permits and inspect properties for compliance with provisions
of this section and issue certificates of compliance where appropriate.
(c)
Inspect and assess all damaged floodplain structures to determine
if substantial damage to the structures has occurred.
(d)
Keep records of all official actions, such as:
[1]
All permits issued, inspections made, and work
approved.
[2]
Documentation of certified lowest floor and regional
flood elevations.
[3]
Floodproofing certificates.
[4]
Water surface profiles, floodplain zoning maps
and ordinances, nonconforming uses and structures including changes,
appeals, variances and amendments.
[5]
All substantial damage assessment reports for floodplain
structures.
[6]
List of nonconforming structures and uses.
(e)
Submit copies of the following items to the Department regional
office:
[1]
Within 10 days of the decision, a copy of any decisions
on variances, appeals for map or text interpretations, and map or
text amendments.
[2]
Copies of case-by-case analyses and other required
information.
[3]
Copies of substantial damage assessments performed
and all related correspondence concerning the assessments.
(f)
Investigate, prepare reports, and report violations of this
section to the municipal zoning agency and attorney for prosecution.
Copies of the reports shall also be sent to the Department regional
office.
(g)
Submit copies of amendments to the FEMA regional office.
(2)
Zoning permit. A land use permit shall be obtained before any
development, repair, modification or addition to an existing structure,
or change in the use of a building or structure, including sewer and
water facilities, may be initiated. Application to the Zoning Administrator
shall include:
(b)
Site development plan. A site plan drawn to scale shall be submitted
with the permit application form and shall contain:
[1]
Location, dimensions, area and elevation of the
lot;
[2]
Location of the ordinary high-water mark of any
abutting navigable waterways;
[3]
Location of any structures with distances measured
from the lot lines and street center lines;
[4]
Location of any existing or proposed on-site sewage
systems or private water supply systems;
[5]
Location and elevation of existing or future access
roads;
[6]
Location of floodplain and floodway limits as determined
from the official floodplain zoning maps;
[7]
The elevation of the lowest floor of proposed buildings
and any fill using the vertical datum from the adopted study, either
National Geodetic Vertical Datum (NGVD) or North American Vertical
Datum (NAVD);
(c)
Hydraulic and hydrologic studies to analyze development. All
hydraulic and hydrologic studies shall be completed under the direct
supervision of a professional engineer registered in the state. The
study contractor shall be responsible for the technical adequacy of
the study. All studies shall be reviewed and approved by the Department.
[1]
Zone A floodplains and in AE Zones within which
a floodway is not delineated:
[a]
Hydrology. The appropriate method shall be based
on the standards in Ch. NR 116.07(3), Wis. Adm. Code, Hydrologic Analysis:
Determination of Regional Flood Discharge.
[b]
Hydraulic modeling. The regional flood elevation
shall be based on the standards in Ch. NR 116.07(4), Wis. Adm. Code,
Hydraulic Analysis: Determination of Regional Flood Elevation, and
the following:
[i]
Determination of the required limits of the hydraulic
model shall be based on detailed study information for downstream
structures (dam, bridge, culvert) to determine adequate starting WSEL
for the study.
[ii]
Channel sections must be surveyed.
[iii]
Minimum four-foot contour data in the overbanks
shall be used for the development of cross-section overbank and floodplain
mapping.
[iv]
A maximum distance of 500 feet between cross sections
is allowed in developed areas with additional intermediate cross sections
required at transitions in channel bottom slope including a survey
of the channel at each location.
[v]
The most current version of HEC-RAS shall be used.
[vi]
A survey of bridge and culvert openings and the
top of road is required at each structure.
[vii]
Additional cross sections are required at the
downstream and upstream limits of the proposed development and any
necessary intermediate locations based on the length of the reach
if greater than 500 feet.
[viii]
Standard accepted engineering practices shall
be used when assigning parameters for the base model, such as flow,
Manning's N values, expansion and contraction coefficients or effective
flow limits. The base model shall be calibrated to past flooding data,
such as high-water marks, to determine the reasonableness of the model
results. If no historical data is available, adequate justification
shall be provided for any parameters outside standard accepted engineering
practices.
[ix]
The model must extend past the upstream limit
of the difference in the existing and proposed flood profiles in order
to provide a tie-in to existing studies. The height difference between
the proposed flood profile and the existing study profiles shall be
no more than 0.00 feet.
[c]
Mapping. A work map of the reach studied shall
be provided, showing all cross-section locations, floodway/floodplain
limits based on best available topographic data, geographic limits
of the proposed development and whether the proposed development is
located in the floodway.
[i]
If the proposed development is located outside
of the floodway, then it is determined to have no impact on the regional
flood elevation.
[ii]
If any part of the proposed development is in
the floodway, it must be added to the base model to show the difference
between existing and proposed conditions. The study must ensure that
all coefficients remain the same as in the existing model, unless
adequate justification based on standard accepted engineering practices
is provided.
[2]
Zone AE floodplains.
[a]
Hydrology. If the proposed hydrology will change
the existing study, the appropriate method to be used shall be based
on Ch. NR 116.07(3), Wis. Adm. Code, Hydrologic Analysis: Determination
of Regional Flood Discharge.
[b]
Hydraulic model. The regional flood elevation shall
be based on the standards in Ch. NR 116.07(4), Wis. Adm. Code, Hydraulic
Analysis: Determination of Regional Flood Elevation, and the following:
[i]
Duplicate effective model. The effective model
shall be reproduced to ensure correct transference of the model data
and to allow integration of the revised data to provide a continuous
FIS model upstream and downstream of the revised reach. If data from
the effective model is available, models shall be generated that duplicate
the FIS profiles and the elevations shown in the Floodway Data Table
in the FIS report to within 0.1 foot.
[ii]
Corrected effective model. The corrected effective
model shall not include any man-made physical changes since the effective
model date but shall import the model into the most current version
of HEC-RAS for Department review.
[iii]
Existing (pre-project conditions) model. The
existing model shall be required to support conclusions about the
actual impacts of the project associated with the revised (post-project)
model or to establish more up-to-date models on which to base the
revised (post-project) model.
[iv]
Revised (post-project conditions) model. The revised
(post-project conditions) model shall incorporate the existing model
and any proposed changes to the topography caused by the proposed
development. This model shall reflect proposed conditions.
[v]
All changes to the duplicate effective model and
subsequent models must be supported by certified topographic information,
bridge plans, construction plans and survey notes.
[vi]
Changes to the hydraulic models shall be limited
to the stream reach for which the revision is being requested. Cross
sections upstream and downstream of the revised reach shall be identical
to those in the effective model and result in water surface elevations
and topwidths computed by the revised models matching those in the
effective models upstream and downstream of the revised reach as required.
The effective model shall not be truncated.
[c]
Mapping. Maps and associated engineering data shall
be submitted to the Department for review which meet the following
conditions:
[i]
Consistency between the revised hydraulic models,
the revised floodplain and floodway delineations, the revised flood
profiles, topographic work map, annotated FIRMs and/or Flood Boundary
Floodway Maps (FBFMs), construction plans, and bridge plans.
[ii]
Certified topographic map of suitable scale, contour
interval, and a planimetric map showing the applicable items. If a
digital version of the map is available, it may be submitted in order
that the FIRM may be more easily revised.
[iii]
Annotated FIRM panel showing the revised 1% and
0.2% annual chance floodplains and floodway boundaries.
[iv]
If an annotated FIRM and/or FBFM and digital mapping
data (GIS or CADD) are used, then all supporting documentation or
metadata must be included with the data submission along with the
Universal Transverse Mercator (UTM) projection and State Plane Coordinate
System in accordance with FEMA mapping specifications.
[v]
The revised floodplain boundaries shall tie into
the effective floodplain boundaries.
[vi]
All cross sections from the effective model shall
be labeled in accordance with the effective map and a cross section
lookup table shall be included to relate to the model input numbering
scheme.
[vii]
Both the current and proposed floodways shall
be shown on the map.
[viii]
The stream center line or profile baseline used
to measure stream distances in the model shall be visible on the map.
[d]
Expiration. All permits issued under the authority
of this section shall expire no more than 180 days after issuance.
The permit may be extended for a maximum of 180 days for good and
sufficient cause. If the permitted work has not started within 180
days of the permit date, the development must comply with any regulation,
including any revision to the FIRM or FIS, that took effect after
the permit date.
(3)
Certificate of compliance. No land shall be occupied or used,
and no building which is hereafter constructed, altered, added to,
modified, repaired, rebuilt or replaced shall be occupied, until a
certificate of compliance is issued by the Zoning Administrator, except
where no permit is required, subject to the following provisions:
(a)
The certificate of compliance shall show that the building or
premises or part thereof, and the proposed use, conform to the provisions
of this section.
(b)
Application for such certificate shall be concurrent with the
application for a permit.
(c)
If all ordinance provisions are met, the certificate of compliance
shall be issued within 10 days after written notification that the
permitted work is completed.
(d)
The applicant shall submit a certification signed by a registered professional engineer, architect or land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or architect that the requirements of Subsection V(8) are met.
(e)
Where applicable pursuant to Subsection S(4), the applicant must submit a certification by a registered professional engineer or surveyor of the elevation of the bottom of the lowest horizontal structural member supporting the lowest floor (excluding pilings or columns), and an indication of whether the structure contains a basement.
(4)
Other permits. Prior to obtaining a floodplain development permit,
the applicant must secure all necessary permits from federal, state,
and local agencies, including but not limited to those required by
the U.S. Army Corps of Engineers under Section 404 of the Federal
Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1344.
(6)
Zoning Board of Appeals.
(a)
The Zoning Board of Appeals, created under § 62.23(7)(e),
Wis. Stats., for cities or villages, is hereby authorized or shall
be appointed to act for the purposes of this section. The Board shall
exercise the powers conferred by Wisconsin Statutes and adopt rules
for the conduct of business. The Zoning Administrator shall not be
the Secretary of the Board.
(b)
Powers and duties. The Zoning Board of Appeals shall:
[1]
Appeals: hear and decide appeals where it is alleged
there is an error in any order, requirement, decision or determination
made by an administrative official in the enforcement or administration
of this section;
[2]
Boundary disputes: hear and decide disputes concerning
the district boundaries shown on the official floodplain zoning map;
and
[3]
Variances: hear and decide, upon appeal, variances
from the ordinance standards.
(c)
Appeals to the Board. Appeals to the Board may be taken by any
person aggrieved, or by any officer or department of the Village affected
by any decision of the Zoning Administrator or other administrative
officer. Such appeal shall be taken within 30 days, unless otherwise
provided by the rules of the Board, by filing with the official whose
decision is in question, and with the Board, a notice of appeal specifying
the reasons for the appeal. The official whose decision is in question
shall transmit to the Board all records regarding the matter appealed.
(d)
Notice and hearing for appeals including variances.
[1]
Notice. The Board shall:
[a]
Fix a reasonable time for the hearing;
[b]
Publish adequate notice, pursuant to Wisconsin
Statutes, specifying the date, time, place and subject of the hearing;
and
[c]
Assure that notice shall be mailed to the parties
in interest and the Department regional office at least 10 days in
advance of the hearing.
(e)
Decision. The final decision regarding the appeal or variance
application shall:
[1]
Be made within a reasonable time;
[2]
Be sent to the Department regional office within
10 days of the decision;
[3]
Be a written determination signed by the Chairman
or Secretary of the Board;
[4]
State the specific facts which are the basis for
the Board's decision;
[5]
Either affirm, reverse, vary or modify the order,
requirement, decision or determination appealed, in whole or in part,
dismiss the appeal for lack of jurisdiction or grant or deny the variance
application; and
[6]
Include the reasons for granting an appeal, describing
the hardship demonstrated by the applicant in the case of a variance,
clearly stated in the recorded minutes of the Board proceedings.
(f)
Boundary disputes. The following procedure shall be used by
the Board in hearing disputes concerning floodplain district boundaries:
[1]
If a floodplain district boundary is established
by approximate or detailed floodplain studies, the flood elevations
or profiles shall prevail in locating the boundary;
[2]
The person contesting the boundary location shall
be given a reasonable opportunity to present arguments and technical
evidence to the Board; and
(g)
Variance.
[1]
The Board may, upon appeal, grant a variance from
the standards of this section if an applicant convincingly demonstrates
that:
[a]
Literal enforcement of the section will cause unnecessary
hardship;
[b]
The hardship is due to adoption of the Floodplain
Ordinance and unique property conditions not common to adjacent lots
or premises. In such case the section or map must be amended;
[c]
The variance is not contrary to the public interest;
and
[2]
In addition to the criteria in Subsection V(6)(g)[1], to qualify for a variance under FEMA regulations, the Board must find that the following criteria have been met:
[a]
The variance shall not cause any increase in the
regional flood elevation;
[b]
The applicant has shown good and sufficient cause
for issuance of the variance;
[c]
Failure to grant the variance would result in exceptional
hardship;
[d]
Granting the variance will not result in additional
threats to public safety, extraordinary expense, create a nuisance,
cause fraud on or victimization of the public, or conflict with existing
local laws or ordinances;
[e]
The variance granted is the minimum necessary,
considering the flood hazard, to afford relief.
[3]
A variance shall not:
[a]
Grant, extend or increase any use prohibited in
the zoning district;
[b]
Be granted for a hardship based solely on an economic
gain or loss;
[c]
Be granted for a hardship which is self-created;
[d]
Damage the rights or property values of other persons
in the area;
[e]
Allow actions without the amendments to this section or map(s) required in Subsection W, Amendments; and
[f]
Allow any alteration of an historic structure,
including its use, which would preclude its continued designation
as an historic structure.
[4]
When a floodplain variance is granted, the Board
shall notify the applicant, in writing, that it may increase risks
to life and property and flood insurance premiums could increase up
to $25 per $100 of coverage. A copy shall be maintained with the variance
record.
(7)
To review appeals of permit denials.
(a)
The Plan Commission [Subsection V(5)] or Board shall review all data related to the appeal. This may include:
[3]
Data listed in Subsection Q(3)(a)[2] where the applicant has not submitted this information to the Zoning Administrator; and
[4]
Other data submitted with the application or submitted
to the Board with the appeal.
(c)
For appeals concerning increases in regional flood elevation,
the Board shall:
[1]
Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of Subsection W, Amendments; and
[2]
Grant the appeal where the Board agrees that the
data properly demonstrates that the project does not cause an increase,
provided no other reasons for denial exist.
(8)
Floodproofing standards.
(a)
No permit or variance shall be issued for a nonresidential structure designed to be watertight below the regional flood elevation until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to or above the flood protection elevation and submits a FEMA floodproofing certificate. Floodproofing is not an alternative to the development standards in Subsection P, Q, R or S.
(b)
For a structure designed to allow the entry of floodwaters,
no permit or variance shall be issued until the applicant submits
a plan either:
[1]
Certified by a registered professional engineer
or architect; or
[2]
Meeting or exceeding the following standards:
[a]
A minimum of two openings having a total net area
of not less than one square inch for every square foot of enclosed
area subject to flooding;
[b]
The bottom of all openings shall be no higher than
one foot above grade; and
[c]
Openings may be equipped with screens, louvers,
valves, or other coverings or devices, provided that they permit the
automatic entry and exit of floodwaters.
(c)
Floodproofing measures shall be designed, as appropriate, to:
[1]
Withstand flood pressures, depths, velocities,
uplift and impact forces and other regional flood factors;
[2]
Protect structures to the flood protection elevation;
[3]
Anchor structures to foundations to resist flotation
and lateral movement;
[4]
Minimize or eliminate infiltration of floodwaters;
[5]
Minimize or eliminate discharges into floodwaters;
[6]
Placement of essential utilities to or above the
flood protection elevation; and
[7]
If any part of the foundation below the flood protection
elevation is enclosed, the following standards shall apply:
[a]
The enclosed area shall be designed by a registered
architect or engineer to allow for the efficient entry and exit of
floodwaters without human intervention. A minimum of two openings
must be provided with a minimum net area of at least one square inch
for every one square foot of the enclosed area. The lowest part of
the opening can be no more than 12 inches above the adjacent grade;
[b]
The parts of the foundation located below the flood
protection elevation must be constructed of flood-resistant materials;
[c]
Mechanical and utility equipment must be elevated
or floodproofed to or above the flood protection elevation; and
[d]
The use must be limited to parking, building access
or limited storage.
W.
Amendments.
(1)
Obstructions or increases may only be permitted if amendments are made to this section, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with Subsection W(2).
(a)
In AE Zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a conditional letter of map revision from FEMA and amendments are made to this section, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with Subsection W(2). Any such alterations must be reviewed and approved by FEMA and the DNR.
(b)
In A Zones, increases equal to or greater than 1.0 foot may only be permitted if the applicant receives a conditional letter of map revision from FEMA and amendments are made to this section, the official floodplain maps, floodway lines, and water surface profiles, in accordance with Subsection W(2).
(2)
General. The governing body shall change or supplement the floodplain zoning district boundaries and this section in the manner outlined in Subsection W(3) below. Actions which require an amendment to the section and/or submittal of a letter of map change (LOMC) include, but are not limited to, the following:
(a)
Any fill or floodway encroachment that obstructs flow causing
any increase in the regional flood height;
(b)
Any change to the floodplain boundaries and/or watercourse alterations
on the FIRM;
(d)
Any floodplain fill which raises the elevation of the filled
area to a height at or above the flood protection elevation and is
contiguous to land lying outside the floodplain;
(e)
Correction of discrepancies between the water surface profiles
and floodplain maps;
(f)
Any upgrade to a floodplain zoning ordinance text required by
§ NR 116.05, Wis. Adm. Code, or otherwise required by law,
or for changes by the municipality; and
(g)
All channel relocations and changes to the maps to alter floodway
lines or to remove an area from the floodway or the flood fringe that
is based on a base flood elevation from a FIRM requires prior approval
by FEMA.
(3)
Procedures. Ordinance amendments may be made upon petition of any party according to the provisions of § 62.23, Wis. Stats., for cities and villages. The petitions shall include all data required by Subsections S(5) and V(2). The land use permit shall not be issued until a letter of map revision is issued by FEMA for the proposed changes.
(a)
The proposed amendment shall be referred to the zoning agency
for a public hearing and recommendation to the governing body. The
amendment and notice of public hearing shall be submitted to the Department
regional office for review prior to the hearing. The amendment procedure
shall comply with the provisions of § 62.23, Wis. Stats.,
for cities and villages.
(b)
No amendments shall become effective until reviewed and approved
by the Department.
(c)
All persons petitioning for a map amendment that obstructs flow
causing any increase in the regional flood height shall obtain flooding
easements or other appropriate legal arrangements from all adversely
affected property owners and notify local units of government before
the amendment can be approved by the governing body.
X.
Enforcement and penalties. Any violation of the provisions of this
section by any person shall be unlawful and shall be referred to the
Municipal Attorney, who shall expeditiously prosecute all such violators.
A violator shall, upon conviction, forfeit to the municipality a penalty
of not more than $50, together with a taxable cost of such action.
Each day of continued violation shall constitute a separate offense.
Every violation of this section is a public nuisance, and the creation
may be enjoined and the maintenance may be abated by action at suit
of the municipality, the state, or any citizen thereof pursuant to
§ 87.30, Wis. Stats.
Y.
A ZONES
ACCESSORY STRUCTURE OR USE
AH ZONE
ALTERATION
AO ZONE
AREA OF SHALLOW FLOODING
BASE FLOOD
BASEMENT
BREAKAWAY WALL
BUILDING
BULKHEAD LINE
CAMPGROUND
CAMPING UNIT
CERTIFICATE OF COMPLIANCE
CHANNEL
COASTAL FLOODPLAIN
COASTAL HIGH HAZARD AREA
CRAWLWAYS or CRAWL SPACE
DECK
DEPARTMENT
DEVELOPMENT
DRYLAND ACCESS
ENCROACHMENT
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FLOOD FREQUENCY
FLOOD FRINGE
FLOOD HAZARD BOUNDARY MAP
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD or FLOODING
(1)
(2)
(3)
(4)
FLOOD PROFILE
FLOOD PROTECTION ELEVATION
FLOOD STORAGE
FLOODPLAIN
FLOODPLAIN ISLAND
FLOODPLAIN MANAGEMENT
FLOODPROOFING
FLOODWAY
FREEBOARD
HABITABLE STRUCTURE
HEARING NOTICE
HIGH FLOOD DAMAGE POTENTIAL
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
INCREASE IN REGIONAL FLOOD HEIGHT
LAND USE
LOWEST ADJACENT GRADE
LOWEST FLOOR
MAINTENANCE
MANUFACTURED HOME
MOBILE RECREATIONAL VEHICLE
MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION
MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING
MOBILE/MANUFACTURED HOME PARK, EXPANSION TO EXISTING
MODEL, CORRECTED EFFECTIVE
MODEL, DUPLICATE EFFECTIVE
MODEL, EFFECTIVE
MODEL, EXISTING (PRE-PROJECT)
MODEL, REVISED (POST-PROJECT)
MODERATE WAVE ACTION AREA (MoWA)
MUNICIPALITY or MUNICIPAL
NAVD or NORTH AMERICAN VERTICAL DATUM
NEW CONSTRUCTION
NGVD or NATIONAL GEODETIC VERTICAL DATUM
NONCONFORMING STRUCTURE
NONCONFORMING USE
NONFLOOD DISASTER
OBSTRUCTION TO FLOW
OFFICIAL FLOODPLAIN ZONING MAP
OPEN SPACE USE
ORDINARY HIGH-WATER MARK
PERSON
PRIMARY FRONTAL DUNE
PRIVATE SEWAGE SYSTEM
PUBLIC UTILITIES
REASONABLY SAFE FROM FLOODING
REGIONAL FLOOD
SAND DUNES
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNNECESSARY HARDSHIP
VARIANCE
VIOLATION
WATER SURFACE PROFILE
WATERSHED
WELL
Definitions. Unless specifically defined, words and phrases in this
section shall have their common law meaning and shall be applied in
accordance with their common usage. Words used in the present tense
include the future, the singular number includes the plural and the
plural number includes the singular. The word "may" is permissive;
"shall" is mandatory and is not discretionary.
Those areas shown on the official floodplain zoning map which
would be inundated by the regional flood. These areas may be numbered
or unnumbered A Zones. The A Zones may or may not be reflective of
flood profiles, depending on the availability of data for a given
area.
A facility, structure, building or use which is accessory
or incidental to the principal use of a property, structure or building.
An accessory structure shall not be used for human habitation.
See "area of shallow flooding."
An enhancement, upgrade or substantial change or modification
other than an addition or repair to a dwelling or to electrical, plumbing,
heating, ventilating, air conditioning and other systems within a
structure.
See "area of shallow flooding."
A designated AO, AH, AR/AO, AR/AH, or VO Zone on a community's
Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance
of flooding to an average depth of one foot to three feet where a
clearly defined channel does not exist, where the path of flooding
is unpredictable, and where velocity flood may be evident. Such flooding
is characterized by ponding or sheet flow.
The flood having a 1% chance of being equaled or exceeded
in any given year, as published by FEMA as part of a FIS and depicted
on a FIRM.
Any enclosed area of a building having its floor subgrade
on all sides.
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or supporting foundation system.
See "structure."
A geographic line along a reach of navigable water that has
been adopted by a municipal ordinance and approved by the Department
pursuant to § 30.11, Wis. Stats., and which allows limited
filling between this bulkhead line and the original ordinary high-water
mark, except where such filling is prohibited by the floodway provisions
of this section.
Any parcel of land which is designed, maintained, intended
or used for the purpose of providing sites for nonpermanent overnight
use by four or more camping units, or which is advertised or represented
as a camping area.
Any portable device, no more than 400 square feet in area,
used as a temporary shelter, including but not limited to a camping
trailer, motor home, bus, van, pickup truck, or tent that is fully
licensed, if required, and ready for highway use.
A certification that the construction and the use of land
or a building, the elevation of fill or the lowest floor of a structure
is in compliance with all of the provisions of this section.
A natural or artificial watercourse with definite bed and
banks to confine and conduct normal flow of water.
An area along the coast of Lake Michigan or Lake Superior
which is inundated by the regional flood and which is also subject
to additional hazard due to wave runup.
An area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast, and
any other area subject to high-velocity wave action from storms.
An enclosed area below the first usable floor of a building,
generally less than five feet in height, used for access to plumbing
and electrical utilities.
An unenclosed exterior structure that has no roof or sides
and has a permeable floor which allows the infiltration of precipitation.
The Wisconsin Department of Natural Resources.
Any artificial change to improved or unimproved real estate,
including, but not limited to, the construction of buildings, structures
or accessory structures; the construction of additions or alterations
to buildings, structures or accessory structures; the repair of any
damaged structure or the improvement or renovation of any structure,
regardless of percentage of damage or improvement; the placement of
buildings or structures; subdivision layout and site preparation;
mining, dredging, filling, grading, paving, excavation or drilling
operations; the storage, deposition or extraction of materials or
equipment; and the installation, repair or removal of public or private
sewage disposal systems or water supply facilities.
A vehicular access route which is above the regional flood
elevation and which connects land located in the floodplain to land
outside the floodplain, such as a road with its surface above regional
flood elevation and wide enough for wheeled rescue and relief vehicles.
Any fill, structure, equipment, use or development in the
floodway.
The federal agency that administers the National Flood Insurance
Program.
The probability of a flood occurrence which is determined
from statistical analyses. The frequency of a particular flood event
is usually expressed as occurring, on the average, once in a specified
number of years or as a percent chance of occurring in any given year.
That portion of the floodplain outside of the floodway which
is covered by floodwaters during the regional flood and associated
with standing water rather than flowing water.
A map designating approximate flood hazard areas. Flood hazard
areas are designated as unnumbered A Zones and do not contain floodway
lines or regional flood elevations. This map forms the basis for both
the regulatory and insurance aspects of the National Flood Insurance
Program (NFIP) until superseded by a Flood Insurance Study and a Flood
Insurance Rate Map.
A map of a community on which the Federal Insurance Administration
has delineated both the floodplain and the risk premium zones applicable
to the community. This map can only be amended by the Federal Emergency
Management Agency.
A technical engineering examination, evaluation, and determination
of the local flood hazard areas. It provides maps designating those
areas affected by the regional flood and provides both flood insurance
rate zones and base flood elevations and may provide floodway lines.
The flood hazard areas are designated as numbered and unnumbered A
Zones. Flood Insurance Rate Maps that accompany the Flood Insurance
Study form the basis for both the regulatory and the insurance aspects
of the National Flood Insurance Program.
A general and temporary condition of partial or complete
inundation of normally dry land areas caused by one of the following
conditions:
The overflow or rise of inland waters;
The rapid accumulation or runoff of surface waters from any
source;
The inundation caused by waves or currents of water exceeding
anticipated cyclical levels along the shore of Lake Michigan or Lake
Superior; or
The sudden increase caused by an unusually high water level
in a natural body of water, accompanied by a severe storm, or by an
unanticipated force of nature, such as a seiche, or by some similarly
unusual event.
A graph or a longitudinal profile line showing the relationship
of the water surface elevation of a flood event to locations of land
surface elevations along a stream or river.
An elevation of two feet of freeboard above the regional
flood elevation. (Also see "freeboard.")
Those floodplain areas where storage of floodwaters has been
taken into account during analysis in reducing the regional flood
discharge.
Land which has been or may be covered by floodwater during
the regional flood. It includes the floodway and the flood fringe
and may include other designated floodplain areas for regulatory purposes.
A natural geologic land formation within the floodplain that
is surrounded, but not covered, by floodwater during the regional
flood.
Policy and procedures to ensure wise use of floodplains,
including mapping and engineering, mitigation, education, and administration
and enforcement of floodplain regulations.
Any combination of structural provisions, changes or adjustments
to properties and structures, water and sanitary facilities and contents
of buildings subject to flooding for the purpose of reducing or eliminating
flood damage.
The channel of a river or stream and those portions of the
floodplain adjoining the channel required to carry the regional flood
discharge.
A safety factor expressed in terms of a specified number
of feet above a calculated flood level. Freeboard compensates for
any factors that cause flood heights greater than those calculated,
including ice jams, debris accumulation, wave action, obstruction
of bridge openings and floodways, the effects of watershed urbanization,
loss of flood storage areas due to development and aggregation of
the river- or streambed.
Any structure or portion thereof used or designed for human
habitation.
Publication or posting meeting the requirements of Ch. 985,
Wis. Stats. For appeals, a Class 1 notice, published once at least
one week (seven days) before the hearing, is required. For all zoning
ordinances and amendments, a Class 2 notice, published twice, once
each week consecutively, the last at least a week (seven days) before
the hearing. Local ordinances or bylaws may require additional notice
exceeding these minimums.
Damage that could result from flooding that includes any
danger to life or health or any significant economic loss to a structure
or building and its contents.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is either:
Listed individually in the National Register of Historic Places
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either by an approved state program, as determined by the
Secretary of the Interior, or by the Secretary of the Interior in
states without approved programs.
A calculated upward rise in the regional flood elevation
greater than 0.00 foot, based on a comparison of existing conditions
and proposed conditions which is directly attributable to development
in the floodplain but not attributable to manipulation of mathematical
variables such as roughness factors, expansion and contraction coefficients
and discharge.
Any nonstructural use made of unimproved or improved real
estate. (Also see "development.")
Elevation of the lowest ground surface that touches any of
the exterior walls of a building.
The lowest floor of the lowest enclosed area (including basement).
The act or process of ordinary upkeep and repairs, including
redecorating, refinishing, nonstructural repairs, or the replacement
of existing fixtures, systems or equipment with equivalent fixtures,
systems or structures.
A structure transportable in one or more sections which is
built on a permanent chassis and is designed to be used with or without
a permanent foundation when connected to required utilities. The term
"manufactured home" includes a mobile home but does not include a
mobile recreational vehicle.
A vehicle which is built on a single chassis, 400 square
feet or less when measured at the largest horizontal projection, designed
to be self-propelled, carried or permanently towable by a licensed,
light-duty vehicle, is licensed for highway use if registration is
required and is designed primarily not for use as a permanent dwelling,
but as temporary living quarters for recreational, camping, travel
or seasonal use. Manufactured homes that are towed or carried onto
a parcel of land, but do not remain capable of being towed or carried,
including park model homes, do not fall within the definition of "mobile
recreational vehicles."
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
A parcel of land, divided into two or more manufactured home
lots for rent or sale, on which the construction of facilities for
servicing the lots is completed before the effective date of this
section. At a minimum, this would include the installation of utilities,
the construction of streets and either final site grading or the pouring
of concrete pads.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed. This includes installation of utilities, construction
of streets and either final site grading or the pouring of concrete
pads.
A hydraulic engineering model that corrects any errors that
occur in the duplicate effective model, adds any additional cross
sections to the duplicate effective model, or incorporates more detailed
topographic information than that used in the current effective model.
A copy of the hydraulic analysis used in the effective FIS
and referred to as the "effective model."
The hydraulic engineering model that was used to produce
the current effective Flood Insurance Study.
A modification of the duplicate effective model or corrected
effective model to reflect any man-made modifications that have occurred
within the floodplain since the date of the effective model but prior
to the construction of the project for which the revision is being
requested. If no modification has occurred since the date of the effective
model, then this model would be identical to the corrected effective
model or duplicate effective model.
A modification of the existing or pre-project conditions
model, duplicate effective model or corrected effective model to reflect
revised or post-project conditions.
A special flood hazard area subject to the potential for
breaking wave heights of greater than or equal to 1.5 feet, but less
than three feet, where the primary source of flooding is astronomical
tides, storm surges, seiches, and/or tsunamis. A MoWA is an area within
Zone AE on a FIRM that is between the inland limit of Zone VE and
a limit of moderate wave action, where identified. (Also known as
"Coastal A Zone.")
The county, city or village governmental units enacting,
administering and enforcing this zoning ordinance.
Elevations referenced to mean sea level datum, 1988 adjustment.
Structures for which the start of construction commenced
on or after the effective date of a floodplain zoning regulation adopted
by this community and includes any subsequent improvements to such
structures.
Elevations referenced to mean sea level datum, 1929 adjustment.
An existing lawful structure or building which is not in
conformity with the dimensional or structural requirements of this
section for the area of the floodplain which it occupies. (For example,
an existing residential structure in the Flood Fringe District is
a conforming use. However, if the lowest floor is lower than the flood
protection elevation, the structure is nonconforming.)
An existing lawful use or accessory use of a structure or
building which is not in conformity with the provisions of this section
for the area of the floodplain which it occupies (such as a residence
in the floodway).
A fire or an ice storm, tornado, windstorm, mudslide or other
destructive act of nature, but excludes a flood.
Any development which blocks the conveyance of floodwaters
such that this development alone or together with any future development
will cause an increase in regional flood height.
That map, adopted and made part of this section, as described in Subsection E(2), which has been approved by the Department and FEMA.
Those uses having a relatively low flood damage potential
and not involving structures.
The point on the bank or shore up to which the presence and
action of surface water is so continuous as to leave a distinctive
mark such as by erosion, destruction or prevention of terrestrial
vegetation, predominance of aquatic vegetation, or other easily recognized
characteristic.
An individual, or group of individuals, corporation, partnership,
association, municipality or state agency.
A continuous or nearly continuous mound or ridge of sand
with relatively steep seaward and landward slopes immediately landward
and adjacent to the beach and subject to erosion and overtopping from
high tides and waves during major coastal storms. The inland limit
of the primary frontal dune occurs at the point where there is a distinct
change from a relatively steep slope to a relatively mild slope.
A sewage treatment and disposal system serving one structure
with a septic tank and soil absorption field located on the same parcel
as the structure. It also means an alternative sewage system approved
by the Department of Safety and Professional Services, including a
substitute for the septic tank or soil absorption field, a holding
tank, a system serving more than one structure or a system located
on a different parcel than the structure.
Those utilities using underground or overhead transmission
lines, such as electric, telephone and telegraph, and distribution
and collection systems, such as water, sanitary sewer and storm sewer.
Means base floodwaters will not inundate the land or damage
structures to be removed from the floodplain and that any subsurface
waters related to the base flood will not damage existing or proposed
buildings.
A flood determined to be representative of large floods known
to have occurred in Wisconsin. A regional flood is a flood with a
1% chance of being equaled or exceeded in any given year, and if depicted
on the FIRM, the RFE is equivalent to the BFE.
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
The date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days of the permit
date. The actual start means either the first placement of permanent
construction on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond
initial excavation, or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement,
footings, piers or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For an alteration, the actual start
of construction means the first alteration of any wall, ceiling, floor
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
Any man-made object with form, shape and utility, either
permanently or temporarily attached to, placed upon or set into the
ground, streambed or lake bed, including, but not limited to, roofed
and walled buildings, gas or liquid storage tanks, bridges, dams and
culverts.
Has the meaning given in § 236.02(12), Wis. Stats.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its pre-damaged condition would
equal or exceed 50% of the equalized assessed value of the structure
before the damage occurred.
Any repair, reconstruction, rehabilitation, addition or improvement
of a building or structure, the cost of which equals or exceeds 50%
of the equalized assessed value of the structure before the improvement
or repair is started. If the structure has sustained substantial damage,
any repairs are considered substantial improvement regardless of the
work performed. The term does not include either any project for the
improvement of a building required to correct existing health, sanitary
or safety code violations identified by the building official and
that are the minimum necessary to assure safe living conditions; or
any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
Where special conditions affecting a particular property,
which were not self-created, have made strict conformity with restrictions
governing areas, setbacks, frontage, height or density unnecessarily
burdensome or unreasonable in light of the purposes of this section.
An authorization by the Board of Adjustment or Appeals for
the construction or maintenance of a building or structure in a manner
which is inconsistent with dimensional standards (not uses) contained
in the Floodplain Zoning Ordinance.
The failure of a structure or other development to be fully
compliant with the Floodplain Zoning Ordinance. A structure or other
development without required permits, lowest floor elevation documentation,
floodproofing certificates or required floodway encroachment calculations
is presumed to be in violation until such time as that documentation
is provided.
A graphical representation showing the elevation of the water
surface of a watercourse for each position along a reach of river
or stream at a certain flood flow. A water surface profile of the
regional flood is used in regulating floodplain areas.
The entire region contributing runoff or surface water to
a watercourse or body of water.
An excavation opening in the ground, made by digging, boring,
drilling, driving or other methods, to obtain groundwater regardless
of its intended use.
A.
Purpose. This district is intended to preserve, protect, and enhance
lakes, ponds, wetlands, woodlands, wildlife habitat areas, areas of
rough topography, and related scenic areas. The preservation, protection,
and enhancement of these areas will serve to maintain safe and healthful
conditions; maintain and improve water quality, both ground and surface;
prevent flood damage; protect wildlife habitat; protect native plant
communities; avoid location of structures on soils that are generally
not suitable for such use; control erosion and sedimentation; and
maintain the natural beauty of the Village of Williams Bay.
B.
District boundaries. The boundaries of the EC Overlay District shall be depicted on the Official Zoning Map. At the discretion of the Village Conservation District Commission (see Subsection F below), the Plan Commission, and Village Board, the EC Overlay District may encompass areas delineated as Primary or Secondary Corridors or Isolated Natural Features by the Southeastern Wisconsin Regional Planning Commission (SEWRPC), as amended from time to time, and/or lands comprised of any of following natural resources:
C.
Land uses permitted by right:
(1)
Hiking, fishing, trapping, swimming and boating, unless prohibited
by other laws and ordinances.
(2)
The harvesting of wild crops such as marsh hay, ferns, moss,
wild rice, berries, tree fruits and tree seeds, and wild flowers in
a manner that is not injurious to the natural reproduction of such
crops.
(3)
The practice of silviculture, including the planting, thinning,
and harvesting of timber.
(4)
Construction and maintenance of fences.
(5)
Existing agricultural uses provided they do not involve extension
of cultivated areas, extension or creation of new drainage systems,
and further provided they do not substantially disturb or impair the
natural fauna, flora, topography, or water regimen.
(6)
Ditching, tiling, dredging, excavating, or filling done to maintain
or repair an existing agricultural drainage system only to the extent
necessary to maintain the level of drainage required to continue the
existing agricultural use.
(7)
The construction and maintenance of piers, docks, and walkways,
including those built on pilings.
(8)
The maintenance, repair, replacement, and reconstruction of
existing streets, roads, and bridges.
(9)
Cultivation of native plants.
(10)
The construction and maintenance of hiking, bicycling, and cross
country ski trails.
(11)
The construction and maintenance of observation towers not to
exceed 35 feet in height.
(12)
The construction and maintenance of ponds and other suitable
conditions for wildlife, wild fowl, and migrating bird habitat.
(13)
Snowmobile trails may be designated for use by the owner upon
specific approval by the Village Board with such use to be limited
to marked designated trails only for the period December 1 to March
1 annually. All-terrain vehicle use is not permitted.
(14)
Streambed and stream bank improvement and restoration projects.
(15)
The construction and maintenance of official signs such as identification,
educational, informational, directional, warning, parking or traffic
control or similar type signs with the permission of the Village Board
as may be necessary and appropriate for the functioning of the conservancy
district.
(16)
Forest and game management.
(17)
Preservation of scenic, historic, natural area, and critical
species habitat sites.
D.
Land uses allowed by conditional use permit (see § 390-1207).
(1)
The construction of streets necessary for the continuity of
the Village street system, necessary for the provision of essential
utility and public safety services, or necessary to provide access
to permitted open space uses, provided that:
(a)
The road cannot, as a practical matter, be located outside of
an EC Overlay District; and
(b)
The road is designed and constructed to minimize the adverse
impact upon the natural functions of the EC Overlay District within
which is it located and meets the following standards:
[1]
The road shall be designed and constructed for
the minimum cross-section practical to serve the intended use;
[2]
Road construction activities are to be carried
out in the immediate area of the roadbed only; and
[3]
Any filling, flooding, draining, dredging, ditching,
tiling, or excavating that is to be done must be necessary for the
construction or maintenance of the road.
(2)
The construction and maintenance of nonresidential buildings
used solely in conjunction with the raising of waterfowl, minnows,
or other wetland or aquatic animals, or used solely for some other
purpose that is compatible with environmental preservation, if such
building cannot, as practical matter, be located outside of an EC
Overlay District, provided that:
(3)
The establishment and development of public and private parks
and recreation areas, public boat access sites, natural and outdoor
education areas, historic and scientific areas, wildlife refugees,
game preserves, and private habitat areas, provided that:
(a)
Any private recreation or wildlife habitat area must be used
exclusively for that purpose;
(b)
No filling is to be done; and
(c)
Ditching, excavating, dredging, and dike and dam construction
may be done in wildlife refuges, game preserves, and private wildlife
habitat areas, but only for the purpose of improving wildlife habitat
or to otherwise enhance the value of natural resources.
(4)
The construction and maintenance of electric, gas, telephone,
water and sewer transmission and distribution lines, and related facilities,
by public utilities and cooperative associations organized for the
purpose of producing or furnishing heat, light, power, or water to
members, provided that:
(a)
The transmission and distribution lines and related facilities
cannot as a practical matter be located outside of an EC Overlay District;
and
(b)
Any filling, excavating, ditching, or draining that is to be
done must be necessary for such construction or maintenance and must
be done in a manner designed to minimize flooding and other adverse
impacts upon the natural functions of the EC Overlay District.
(5)
The construction and maintenance of municipal purpose buildings
serving the public, such as nature centers; educational or instructional
buildings; natural history museums or display buildings; public equipment
storage sheds or buildings; Village assembly buildings to include
a Village Hall, Village police or fire station, or other similar structures;
together with vehicle parking areas.
E.
Tree cutting and shrubbery clearing limited. Lands lying within the
EC Overlay District shall not be clear cut of trees, shrubbery, or
underbrush. No more than 10% of the natural vegetation shall be removed
from a parcel. Areas not occupied by structures or driveways shall
be replanted with other vegetation that is equally effective in retarding
runoff, preventing erosion, and preserving natural beauty. Normal
pruning, trimming, and shearing of vegetation; removal of dead, diseased,
insect-infested vegetation; and silvicultural thinning conducted under
the recommendation of a forester shall be exempt from this restriction.
F.
Conservation District Commission.
(1)
Creation. There is hereby created a Conservation District Commission
to consist of seven members appointed by the Village President and
confirmed by the Village Board. Upon the initial creation of the Commission,
the members shall be appointed and confirmed to hold office for a
period ending one, two, two terms at three, four, and two terms at
five years, respectively, from the preceding first day of May, and
thereafter annually, during April, one or two such members, depending
upon the number of expiring terms, shall be appointed and confirmed
for a term of five years. Members thereof shall be persons of recognized
experience and qualifications and shall be either an owner of real
estate within the Village or be an elector of the Village.
(2)
Functions. It shall be the function of the Conservation District
Commission to review, study, and investigate, and thereafter report
its findings and recommendations to the Village Plan Commission and
Village Board regarding the use and development of EC overlay district
lands. In addition, it shall be the function of the Conservation District
Commission to review, study, and investigate all proposed improvements,
planning, development, rezoning, subdividing, or developing in any
sense lands zoned in the EC Overlay District within the Village of
Williams Bay and thereafter report its findings and recommendations
concerning same to the Village Plan Commission and Village Board.
(3)
It shall be a requirement that any proposed or intended changes
to the text of the EC Environmental Conservation Overlay District,
or any proposed or intended changes to the Official Zoning Map involving
EC zoned areas shall first be reviewed by the Commission prior to
submission to the Village Plan Commission for its required reports
and recommendations to the Village Board.
(4)
Such recommendation and report shall be required before the
Village Plan Commission or Village Board can take any action with
regard to any proposed changes to the EC Environmental Conservation
Overlay District text contained in this section or any proposed changes
on the Official Zoning Map related to EC District zoning. Six affirmative
votes shall be necessary for such recommendation and report before
final action is taken by the Plan Commission and/or Village Board
concerning such textual or Zoning Map changes.
(5)
Vote required before changes permitted. A 3/4 vote of the Plan
Commission in favor of the proposed change and a 3/4 vote of all the
members of the Village Board in favor of the proposed change shall
be required before any changes may be made to either the text of this
section, or the EC District as shown on the Official Zoning Map.
A.
Description and purpose. The Planned Development Overlay District
is intended to promote improved design and innovative land uses in
the Village in accordance with the Village Comprehensive Plan. This
Overlay District allows variations from the typical base zoning district
requirements in developments that are conceived and implemented as
cohesive, unified projects. In exchange, these unified projects must
be developed in accordance with detailed site plans approved only
following a careful review process. Areas that may be deemed appropriate
for the Planned Development Overlay District include: land use transitional
areas, areas where a mix of land uses already exists, infill or redevelopment
areas, and established or planned commercial areas.
B.
Provision of flexible development standards for planned developments.
(1)
Permitted location. Planned developments shall only be allowed following the adoption of a Planned Development Overlay Zoning District, specific to the approved final development plan described in Subsection H below.
(2)
Flexible development standards. The following exemptions to
the development standards of the underlying base zoning district may
be provided as part of the approval of a planned development:
(a)
Land use requirements. All residential, institutional, and business
land uses listed in Article 2 may be allowed by right or by conditional
use within a planned development. Uses proposed for a planned development
are not limited to those allowed within the underlying base zoning
district.
(b)
Density and intensity requirements. All requirements listed
in Articles 2 and 4 for residential density and nonresidential intensity
may be varied within a planned development.
(c)
Bulk requirements. All requirements listed in Articles 2 and
5 may be varied within a planned development.
(d)
Landscaping requirements. All requirements listed in Article
9 may be varied within a planned development.
(3)
Requirement to depict all aspects of development. Only improvements that are explicitly depicted on the required site plan approved by the Village Board as part of the approved planned development shall be allowed, even if such improvement (including all aspects of land use, density and intensity, bulk, landscaping, and parking and loading) is otherwise listed as allowable in Subsection B. Requested exemptions from and variations in these standards shall be made explicit by the applicant in the planned development application, and shall be recommended by the Plan Commission and approved explicitly by the Village Board. If not so requested and approved, such exemptions or variations shall not be allowed.
D.
Application requirements. All applications for a proposed planned development, regardless of the party of their initiation per Subsection C above, shall be approved as complete by the Zoning Administrator a minimum of two weeks prior to the initiation of the Planned Development approval process. The Zoning Administrator shall forward copies of said complete application to the office of the Village Clerk. Said application shall apply to each of the process steps in Subsections E through H below.
E.
Step 1: Preaapplication conference.
(1)
The applicant shall contact the Zoning Administrator to place
an informal discussion item for the PDO on the Plan Commission agenda.
(2)
No details beyond the name of the applicant and the identification
of the discussion item as a PDO is required to be given in the agenda.
(3)
At the Plan Commission meeting, the applicant shall engage in
an informal discussion with the Plan Commission regarding the potential
PDO. Appropriate topics for discussion may include the location of
the PDO, general project themes and images, the general mix of dwelling
unit types and/or land uses being considered, approximate residential
densities and nonresidential intensities, the general treatment of
natural features, the general relationship to nearby properties and
public streets, and the relationship to the Village Comprehensive
Plan.
(4)
Points of discussion and conclusions reached in this stage of
the process shall in no way be binding upon the applicant or the Village,
but should be considered as the informal, nonbinding basis for proceeding
to the next step.
F.
Step 2: Concept plan review. Upon completion of the preapplication conference, described above, the applicant shall provide the Zoning Administrator with a concept plan submittal, the contents of which are listed under Subsection F(4) below. Upon determination of completeness by the Zoning Administrator, the Planned Development concept plan may be placed on the Plan Commission agenda for review.
(1)
At the Plan Commission meeting, the applicant shall engage in
an informal discussion with the Plan Commission regarding the planned
development concept plan. Appropriate topics for discussion may include
the any of the information provided in the concept plan submittal
packet, or other items as determined by the Plan Commission. The Plan
Commission shall make a recommendation to the Village Board regarding
next steps for the applicant.
(2)
At a subsequent Village Board meeting, the applicant shall engage in an informal discussion with the Village Board regarding the planned development concept plan, addressing topics similar to those discussed under Subsection F(1) above. The Village Board shall offer suggested next steps for the applicant.
(3)
Points of discussion, recommendations, and suggestions conveyed at this stage of the process shall be in no way be binding upon the applicant or the Village, but should be considered as the informal, nonbinding basis for proceeding to the next step. The preferred procedure is for one or more iterations of Plan Commission review of the concept plan to occur prior to introduction of the formal application for rezoning, which accompanies the General Development Plan application (see Subsection G).
(4)
The concept plan submittal shall include the following items:
(a)
A location map of the subject property and its vicinity.
(b)
A general written description of the proposed planned development,
including:
[1]
General project themes and images.
[2]
The general mix of dwelling unit types and/or land
uses.
[3]
Approximate residential densities and nonresidential
intensities as described by dwelling units per acre, landscaping surface
ratio, and/or other appropriate measures of density and intensity.
[4]
General treatment of natural features.
[5]
General relationship to nearby properties and public
streets.
[6]
General relationship of the project to the Comprehensive
Plan.
[7]
A written description of potentially requested
exemptions or variations from the requirements of the underlying base
zoning district. The purpose of this information shall be to provide
the Plan Commission with information necessary to determine the relative
merits of the project with respect to private versus public benefit,
and to evaluate the potential adverse impacts created by making exemptions
to standard zoning district requirements.
[8]
A conceptual drawing of the site plan layout, including
the general locations of public streets and/or private drives.
G.
Step 3: General Development Plan review. Upon completion of the concept
plan review process described above, the applicant shall submit a
General Development Plan (GDP) to the Zoning Administrator for determination
of completeness.
(1)
The GDP submittal shall include the following items:
(a)
A map of the subject site (at a minimum scale of one inch equals
800 feet) showing all lands for which the planned development is proposed,
and all other lands within 300 feet of the boundaries of the subject
site, together with the names and addresses of the owners of all lands
on said map as the same appear on the current records of the Register
of Deeds. Said map shall clearly indicate the current zoning of the
subject site and its environs, and the jurisdiction(s) that maintains
that control. All lot dimensions of the subject site, a graphic scale,
and a North arrow shall be provided.
(b)
A general written description of the proposed planned development,
including:
[1]
General project themes and images.
[2]
The general mix of dwelling unit types and/or land
uses.
[3]
Approximate residential densities and nonresidential
intensities as described by dwelling units per acre, landscaping surface
area ratio, and/or other appropriate measures of density and intensity.
[4]
General treatment of natural features.
[5]
General relationship to nearby properties and public
streets.
[6]
General relationship of the project to the Comprehensive
Plan.
[7]
A statement of rationale as to why Planned Development
Overlay zoning is proposed. This statement shall list the standard
base zoning district requirements that, in the applicant's opinion,
would inhibit the development project and the opportunities for community
betterment that are available through the proposed planned development
project.
[8]
A written description of potentially requested
exemptions or variations from the requirements of the underlying base
zoning district. The purpose of this information shall be to provide
the Plan Commission with information necessary to determine the relative
merits of the project with respect to private versus public benefit,
and to evaluate the potential adverse impacts created by making exemptions
to standard zoning district requirements.
[9]
A GDP map (at a minimum scale of one inch equals 100 feet) of the proposed project showing at least the following information in sufficient detail to evaluate the project against the criteria for approval listed in Subsection G(2) below:
[a]
Location of recreational and open space areas and
facilities, specifically indicating those areas that would be reserved
or dedicated for public acquisition and use.
[b]
Statistical data on the minimum lot sizes in the
development; the approximate areas of all development lots and pads;
density/intensity of various parts of the development; building coverage,
landscaping surface area ratio of all land uses; expected staging;
and any other plans required by the Plan Commission.
[c]
Notations relating the written information provided in Subsection G(1)(b)[9][b] above to specific areas on the GDP map.
[d]
A conceptual landscaping plan, noting approximate
locations of foundation, street, yard, and paving landscaping, and
comparing the proposed landscaping plan to the standard landscaping
requirements in this chapter.
[e]
A general signage plan for the project, including
all project identification signs and concepts for public fixtures
and signs (such as streetlight fixtures and/or poles or street sign
faces and/or poles) which are proposed to vary from Village standards
or common practices.
[f]
Written justification for the proposed planned
development.
(3)
All portions of an approved GDP not fully developed within five
years of final Village Board approval shall expire, and no additional
development shall be allowed. The Village Board may extend this five-year
period an additional five years via a majority vote following a public
hearing and recommendation by the Plan Commission.
H.
Step 4: Final Development Plan review. Upon completion of the GDP
review process, described above, the applicant shall submit a Final
Development Plan (FDP) to the Zoning Administrator for determination
of completeness. Upon determination of completeness by the Zoning
Administrator, the Planned Development FDP may be placed on the Plan
Commission agenda for FDP review.
(1)
The FDP submittal shall include the following items.
(a)
A map of the subject site (at a minimum scale of one inch equals
800 feet) showing all lands for which the planned development is proposed,
and all other lands within 200 feet of the boundaries of the subject
site, together with the names and addresses of the owners of all lands
on said map as the same appear on the current records of the Register
of Deeds. Said map shall clearly indicate the current zoning of the
subject property and its environs, and the jurisdiction(s) that maintains
that control. All lot dimensions of the subject site, a graphic scale,
and a North arrow shall be provided.
(b)
A general written description of the proposed FDP including:
[1]
Specific project themes and images.
[2]
Specific mix of dwelling unit types and/or land
uses.
[3]
Specific residential densities and nonresidential
intensities as described by dwelling units per acre, and landscaping
surface area ratio and/or other appropriate measures of density and
intensity.
[4]
Specific treatment of natural features.
[5]
Specific relationship to nearby properties and
public streets.
[6]
A statement of rationale as to why Planned Development
Overlay zoning was proposed. This statement shall list the standard
base zoning district requirements that, in the applicant's opinion,
would inhibit the development project and the opportunities for community
betterment that are available through the proposed planned development
project.
[7]
A complete list of base zoning district standards
that would not be met by the proposed FDP and the location(s) in which
such violations would occur, and a complete list of zoning standards
that would be more than met by the proposed FDP and the location(s)
of such occurrences. The purpose of this information shall be to provide
the Plan Commission with information necessary to determine the relative
merits of the project with respect to private versus public benefit,
and to evaluate the potential adverse impacts created by making exemptions
to standard zoning district requirements.
[8]
A FDP map (at a minimum scale of one inch equals 100 feet) of the proposed site showing at least the following information in sufficient detail to evaluate the project against the criteria for approval listed in Subsection I below:
[a]
Recreational and open space areas and facilities,
specifically indicating those areas that would be reserved or dedicated
for public acquisition and use.
[b]
Statistical data on minimum lot sizes in the development,
the precise areas of all development lots and pads; density/intensity
of various parts of the development; building coverage, and landscaping
surface area ratio of all land uses; proposed staging; and any other
plans required by the Plan Commission.
[10]
A detailed landscaping plan for the subject site,
specifying the location, species, and installation size of all plantings.
This plan shall also include a table that provides a clear summary
of all proposed species and locations of plantings that demonstrates
how the landscaping plan compares to the landscaping requirements
in this chapter.
[11]
A series of building elevations for the entire
exterior of all buildings in the proposed FDP, including detailed
notes indicating the building materials and colors proposed.
[12]
A detailed signage plan for the project, including
all project identification signs, concepts for public fixtures and
signs (such as streetlight fixtures and/or poles or street sign faces
and/or poles), and group development signage themes that are proposed
to vary from Village standards or common practices.
[13]
An outline of the organizational structure for
any proposed property owners associations, deed restrictions, and/or
the private provision of common services.
[14]
A written description that demonstrates how the
FDP is consistent with the approved GDP and any and all variations
between the requirements of the approved GDP and the proposed FDP.
[15]
The applicant shall submit proof of financing
capability pertaining to construction and maintenance and operation
of public works elements of the proposed development.
(2)
The area included in a FDP may be only a portion of the area
included in a previously approved GDP.
(3)
The Plan Commission or Village Board may specify other plans,
documents, or schedules that must be submitted prior to consideration
or approval of the FDP, as such may be relevant to review.
(4)
Approval of a FDP shall involve the same procedures necessary for the approval of a site plan, as described under § 390-1206 of this chapter.
(5)
All portions of an approved Planned Development FDP not fully
developed within five years of final Village Board approval shall
expire, and no additional development shall be allowed. The Village
Board may extend this five-year period by an additional five years
via a majority vote following a public hearing and recommendation
by the Plan Commission. Completed portions of the Planned Development
FDP shall retain the planned development status.
I.
Criteria for approval. In its review and action an application for
a Planned Development Overlay District, the Plan Commission and, subsequently,
the Village Board shall make findings with respect to the following
criteria:
(1)
The proposed planned development project is consistent with
the overall purpose and intent of this chapter.
(2)
The proposed planned development project is consistent with
the Village's Comprehensive Plan (it is the responsibility of the
Village to determine such consistency).
(3)
The proposed planned development project would maintain the
desired relationships between land uses, land use densities and intensities,
and land use impacts in the environs of the subject site.
(4)
Adequate public infrastructure is or will be available to accommodate
the range of uses being proposed for the planned development project,
including but not limited to public sewer and water and public roads.
(5)
The proposed planned development project will incorporate appropriate
and adequate buffers and transitions between areas of different land
uses and development densities/intensities.
(6)
The proposed planned development project design does not detract
from areas of natural beauty surrounding the site.
(7)
The proposed architecture and character of the proposed planned
development project is compatible with adjacent/nearby development.
(8)
The proposed planned development project will positively contribute
to the physical appearance and functional arrangement of development
in the area.
(9)
The proposed planned development project will produce significant
benefits in terms of environmental design and significant alternative
approaches to addressing development performance that relate to and
more than compensate for any requested exemption or variation of any
normal standard of this chapter.
(10)
For planned development projects that are proposed to be developed
in phases, the applicant can provide a clear timeline for development
and can demonstrate that the project would be successful even if all
phases were not or could not be completed.
